My employers are making my workplace a very stressful place to be, even though I perform my job correctly, even going above and beyond to ensure the success of the business. I try keeping a good attitude, but lately I've been driven close to tears on several occasions during the work day, I am waking up with intense anxiety, losing appetite... can I go the the doctor's and document this and take some sick leave until I get better? Can my employer refuse to pay my wages (on salary, exempt employee, working 48-50 hours a week) for the time I need off to get better?
Your question is complicated and involves at least several different areas of employment/labor law so bear with me as I try to answer it.
Regarding work related stress and your legal rights, I'm not a workers' compensation law attorney, but you may have remedies available to you under the work comp portions of the Labor Code; therefore, you should immediately consult with a workers' compensation attorney.
California's Fair Employment and Housing Act ("FEHA") prohibits an employer from discriminating against an employee in the "terms and conditions" of his or her job based on an employee's disability. Stress, especially when left unremedied, can be a mental disability. Under the FEHA, the employer is required to engage in a "good faith" effort to determine whether the employee with a disability can perform the essential functions of his/her job, with or without "reasonable accommodation." Have you told your employer of your condition? You have a duty to do so under the FEHA if you seek reasonable accommodation for your disability.
Regarding sick leave or medical leave, how many employees are at your work location? If more than 50 and you have worked 1250 hours in the past 12 months, you arguably qualify for "FMLA/CFRA" leave. This type of leave is UNPAID but provides job-protected leave for up to 12 workweeks to an employee with a disability (i.e., a physiological or mental condition affecting one or more major parts of the body and which limits a "major life activity" such as work). In most cases, your job is protected while you are on FMLA/CFRA leave; however, if at the end of the leave you cannot return to work and perform the essential functions of your job, with or without reasonable accommodation, your employer does NOT have to continue to employ you. You should contact your company's human resources department and ask about FMLA/CFRA leave.
Regarding taking sick leave when you are a salaried employee, I'm going to assume you mean paid sick leave. Salaried employees regularly receive a predetermined amount of compensation each pay period (on a weekly or less frequent basis). The basis for the "exempt" status is that the salary is based on the type and quality of work they perform, NOT the quantity of time they spend performing the work. If an employee performs no work during the pay period, then the employer can be excused from paying a salary; however, if any work is done, then the employee should receive a full week’s salary. California employers may deduct from a salaried employee's accrued vacation or PTO (but not from the employee's pay) for "partial day absences." So, generally speaking, if you are on sick leave for a week and perform no work during the week, your employer is under no legal obligation to pay you your salary for the week. If you perform any work at all during the week but do not work the whole week, your employer is obligated to pay you your salary for the week. Finally, if you work a "partial day" (four hours or more) but take sick leave the rest of the day, AND you have accrued vacation or PTO, your employer must pay you for the whole day.
CA employment law is extremely complicated and continually evolving, and you should consult with an attorney, whether me or another, who is well-versed in the same. You should also immediately consult with an attorney regarding any statutes of limitation that may apply to your case.
