Short Term Disability/Family Leave Act for Depression
Can someone suffering from depression quality for time off under short term disability insurance or FMLA?

I have become severely/burned out depressed due to a number of situations going on in my life. My mother is suffering from a mental illness which is wearing on me..I had a family member die that I still haven't gotten over. My gf and I of two years broke up I hate my job, and my commute is killing me. I would move closer to my job, but I am so ready to quit, that I don't see the point. I don't think my job would be so bad if I wasn't subjected to all these personal issues. I have become severely depressed, and my sleep patterns are really messed up. I can't fall asleep, and I get sick in my stomach on the way into work.. However, it is hard for me to mount a job search when I am so emotionally drained and have very little time.

Any possibility that I could quality for some time off under FMLA or short term disability so that I can relax, maybe go somewhere, recharge my batteries and get cognitive treatment? I am reluctant to go on medication because there are obvious reasons as to why I am feelign the way that I am. I don't think I am suffering from chemical depression. Any thoughts would be greatly appreciated.
Edit/Delete Message

pittguy578, sorry to hear of your problems.

I do know that I researched the Family Leave act back in Feb 04 when my daughter rolled her truck 4 times:( But the act hadn't come in to affect yet (in my workplace anyway).

The main requirement for me was that a professional (Dr.) had to write that my daughter needed someone to be with her.
Well she did at first! I'll never forget her falling down on way to bathroom, trying to be independent and she barely got up (TWO busted up knees, but brace only on one so she could be mobile).

My first guess was that in order for you to qualify as too depressed to work, you'd have to be admitted for a nervous breakdown or something--but after doing a little research online, now I'm not so sure.

Following is an article I found though re: depression and FMLA in an HR ezine article:

The court found that Byrne might have been entitled to FMLA leave, however, based on his severe depression. In the case of a medical emergency, or in extraordinary circumstances where notice is not feasible, notice may be excused. Byrne's severe depression may have kept him from informing Avon about his problem mad from requesting leave

You have nothing to lose by calling your mom's Dr and requesting a slip saying she needs constant supervison.

I did find this pretty long, you may just want to scoll to the bottom where it lists what an employer can ask you.

http://www.rgl.net/pdfs/Reed10-2002_FMLA_and_%20MentalHealth_PPLU.pdf


***ruled that whether or not the employee is physically incapacitated during the leave is irrelevant. Rather, the proper question for employers to ask is whether or not employees are unable to perform one or more of the essential functions of their jobs.
This is an important distinction because the need to seek medical treatment may necessitate an absence from work-and therefore be protected by the FMLA-even if the employee is not physically incapacitated.

***court determined, the critical issue is whether or not the employee visited her physician and missed more than three days of work on doctor’s orders. Because the employee missed four days of work and saw her physician twice during the four-day period, the law protected the leave.

***FMLA”) permits eligible employees to take up to 12 weeks of unpaid leave per year ...for the employee’s own serious health condition or that of their child, spouse or parent.

I'll be interested to read what Coral has to write about this I'm so in the dark, myself!

wow, sounds like what exactly happened to me, in one year, I lost the girl I was going to marry, my father died, and I got my most valuble personal items stolen from me.

I hated my commute to work, and being in the same situation as you now, I tried to get time off, but no way that is going to happen for depression.

I quit my job, and I was happy for about 3 months or so, then when depression kicked in harder than before, I got kicked out of my apartment, took me 2 years to find a job that pays less than half of what I was making before without insurance.

Don't quit your job, cause I guarentee you, your going to feel worse than you are now in a few months, unless you got some serious connections with Employers to get a job.

T-Bass

I believe you can qualify. See http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm , especially this:


(v) Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a
health care provider, either for restorative surgery after an accident
or other injury, or for a condition that would likely result in a period
of incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
kidney disease (dialysis).

Your employer will probably require a statement from a doctor or therapist stating you are depressed, but depression certainly can qualify as a disabling condition if untreated, so I don't think it would be a problem. You might have to fight a little bit for it, though. Good luck.

Be sure that your Doctor fills out the paper work COMPLETELY, I am fighting this now..and losing!