HR question: Stress and Short Term Disability

[Robinrs]

A pregnant co worker is requesting from HR stay home due to "stress" involved with the situations at my office, etc. She says they want her to see a psychologist first.

Does anyone have any experience with this?

 

[KathyTX]

Not directly, but I don't think you can self-diagnose a condition to qualify for medical leave. That sounds like what the situation is, essentially...

Also, most employers I'm familiar with require that an employee use all of their available paid time off (vacation, sick leave, etc.) before short term disability payments could begin.

What does your employee handbook say?

 

[WDSearcher]

No HR department that I've ever had would let the pregnant employee stay home due to "stress" just by taking her word for it. I mean, ANYONE could claim that the stress of the job required them staying at home.

Where I work, there would have to be a doctor's recommendation -- a "doctor's note", if you will -- from either a medical doctor or psychologist explaining why the staying home was necessary and what steps the office environment would have to take to make it okay for the woman to come back to work. Which could include a change of job, change of office, different duties, etc. If the workplace couldn't accommodate, then it would become a case of whether it qualified under FMLA and whether or not they would hold the job for her until after the birth.

Now ... if she's just looking for a couple days off or a day off here or there during her pregnancy, then HR would tell her that she would need to use her vacation, sick leave or personal leave days.

 

[Christine]

True short term disability is underwritten by an insurance company. Your HR department probably cannot make the decision. No insurance agency is going to allow her to stay home for "stress". She would have to be written up by a physician for it.

If your company just gives time off for stuff like short term illnesses then maybe that is a different situation.

 

[NotUrsula]

"Job-related Stress" disability claims are normally handled via Workman's comp. insurance rather than short-term disability.

Her OB can easily order her to stay home because of the pregnancy if she has hypertension problems or the like, but with most plans if you do that you lose that time off the end of the leave that your short-term disability provides after delivery. I was ordered home 2 days before my delivery, and the insurance company docked them off the end of my 8-week leave.

 

[DebbieB]

Is it a small or large company? Most large companies have an independent ins company who approves disability leaves and payments. They would contact her doctor for a statement.

 

[Lisa loves Pooh]

I think they can require mediCal documentation so that she is eligible for FMLA and short term disability.

I was on a reduced work schedule my first pregnancy. My employer did not require a doctor's note. But I wasn't seeking my pay for the hours I did not work.

She is free to decide she cannot work. She cannot require her employer to hold her job or file disabity just because she says so. Additionally, legally this will count against her for maternity leave. FMLA only covers 12 weeks and the clock starts ticking once you are using it. And it isn't per event---it is per year.

Certainly if work is sucking for her right now, she should make the decision that is best for her and baby. But her employer has every right to get confirmation of her claims if she wants money or a job held for her.

 

[tvguy]

Not directly, but I don't think you can self-diagnose a condition to qualify for medical leave. That sounds like what the situation is, essentially...

Also, most employers I'm familiar with require that an employee use all of their available paid time off (vacation, sick leave, etc.) before short term disability payments could begin.

What does your employee handbook say?

I think it varies from state to state too, because my last two employers automatically put you on short term disablity after you missed 5 consecutive days of work. They did that because THEY have to pay you vacation and sick time, but if you are on short term disablity, the INSURANCE company pays you. Of course, one of those companies let you carry over sick time up to a maximum of 9 weeks, the catch being, but you did not get paid for it if you left the company.

 

[Mimi1965]

A pregnant co worker is requesting from HR stay home due to "stress" involved with the situations at my office, etc. She says they want her to see a psychologist first.

Does anyone have any experience with this?

Do YOU think she has a legitimate concern?

 

[Christine]

I think it varies from state to state too, because my last two employers automatically put you on short term disablity after you missed 5 consecutive days of work. They did that because THEY have to pay you vacation and sick time, but if you are on short term disablity, the INSURANCE company pays you. Of course, one of those companies let you carry over sick time up to a maximum of 9 weeks, the catch being, but you did not get paid for it if you left the company.

My short-term disability at my last job also kicked in after 5 days. But it was not automatic. The first 5 days off were on my time, after that, with a legitimate illness (i.e., doctor's write up) I could start using short-term disability. But I was not going to get it just because I felt like being at home.

I really cannot imagine a short-term disability company paying out benefits just because the employee didn't think they could handle coming to work anymore.

 

[Robinrs]

Do YOU think she has a legitimate concern?

No.

 

[mamacatnv]

Do YOU think she has a legitimate concern?

How is that relative?

Dr's note all the way regardless of who handles the disability

 

[Mimi1965]

Well if its a situation causing the stress-then other people in the office should have stress too-right?

We have tons of stressful stuff happen at my place of work all the time-wish i could get a DR's excuse too.

 

[golfgal]

Neither the company nor her will make that determination and depending on who the company uses for their disability policy her Dr may not even be the one to decide if she is so stressed she can't work or not-the insurance company will make that determination either through their own dr's or through her dr.

 

[Robinrs]

Well if its a situation causing the stress-then other people in the office should have stress too-right?

We have tons of stressful stuff happen at my place of work all the time-wish i could get a DR's excuse too.

We've all been thru a crazy year. We've suffered deaths, grievance counselors, furloughs... you name it. Through it all we all had our own personal challenges, also. If stress were a factor we'd ALL be on disability.

 

[PigletsMommy]

I took short term disability when I was pregnant but it was due to complications, not the actual pregnancy. I know the process well.

My Short term was an insurance policy provided thru my employer (but premiums were paid 100% by me) and covered 6 months. If I had long term disability coverage, then that would have kicked in after the 6 months were up. I did not & I kicked myself for that.

I had to use some of my FMLA time before that even happened (other complications) ...so I was out of FMLA time within a few weeks of my STD time. My state also provides an additional 4 weeks of time for maternity (so total of 16 weeks). I also had to exhaust all sick/vaca/personal time and be off of work for 5 unpaid days before I could file a claim.

My employer still held my job. I do not know if legally they HAD to...but they did.

The STD company required forms to be filled out from my dr office. My employer was NOT given the specific information (HIPPA laws) but was notified by the insurance company when I was approved.

All that being said... one of my coworkers did file an STD claim based on "stress" and it was approved.

 

[Mimi1965]

We've all been thru a crazy year. We've suffered deaths, grievance counselors, furloughs... you name it. Through it all we all had our own personal challenges, also. If stress were a factor we'd ALL be on disability.

I agree

Unless someone is giving just this one person evtra grief, I dont understand her point. Sounds like someone is using the "pregnancy card".

 

[phorsenuf]

We've all been thru a crazy year. We've suffered deaths, grievance counselors, furloughs... you name it. Through it all we all had our own personal challenges, also. If stress were a factor we'd ALL be on disability.

Could it have anything to do with that shooting and lockdown you had? Could that have affected her somehow? I would think a stressful situation would be pretty tough on someone, especially if you are pregnant.

 

[crashbb]

Everyone deals with stress and grief differently - it's between her and her doctor, not random people on the DIS or her co-workers.

Pregnancy does change things, I wouldn't consider it "playing the pregnancy card".

 

[MushyMushy]

Everyone deals with stress and grief differently - it's between her and her doctor, not random people on the DIS or her co-workers.

Pregnancy does change things, I wouldn't consider it "playing the pregnancy card".

Same here. I'm the last person to think that pregnant women need or deserve to be babied and pampered, but in this case -- an office suicide for crying out loud, the stress just might be a little harder or at least different on a pregnant woman than it is for everyone else.