West Virginia Complaint for Wrongful Termination Due to Temporary Leave of Absence for Postpartum Depression
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How to fill out West Virginia Complaint For Wrongful Termination Due To Temporary Leave Of Absence For Postpartum Depression?
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FAQ
Time off needed for prenatal or postnatal care; doctor- ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery from childbirth or loss or end of pregnancy would all be covered by your PDL.
Mental health conditions can trigger compliance requirements under both the FMLA and the ADA. An anxiety attack, PTSD episode, major depression or other mental health event may qualify as a serious health condition under the FMLA.
In West Virginia, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.
Is my employer allowed to fire me because I have a mental health condition? No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.
Employees eligible for FMLA coverage are entitled to 12 weeks of unpaid leave to deal with a serious health condition, as well as pregnancy, childbirth and child care following birth or adoption.During her leave, Cortez suffered from postpartum depression and other physical ailments.
An employee's ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child.
Postpartum depression is regarded as a serious condition and can be considered disabling in some cases. In order for a disability applicant to qualify for SSDI or SSI, four of the following symptoms must be observed in the applicant: Loss of libido. Change in sleeping habits or constant sleep disturbances.
But when does extreme anxiety and depression constitute a need to take an extended period of time off and will that time be covered by the Family and Medical Leave Act of 1993? The short answer is yes, if your mental health-related issue qualifies as a "serious health condition."