Legal Question in Employment Law in Georgia
if your out of work due to mental health conditons. it is wrong for your employer to have your follow certain conditon s. for example. for the first two weeks of disability under the std plan you must provide objective medical evidence of the disability from a licensed clinical psychologist or soical worker , if your absence last between 15-30 days you must be under the care of a licensed doctor of medicine or licensed doctor of osteopathy to qualify for benefits. if your absence from a mental health diagosis last more than 30 days, your must be under the immediate care of a psychiatrist with a valid medical license for further std benefits to be considered..
2 Answers from Attorneys
It should be expected that employers will want proof of a medical reason for absence. The alternative may be termination. Otherwise, we do not know the terms and conditions of your benefit plans.
The employer has the right to set reasonable conditions for a leave of absence for mental health reasons. The conditions imposed by the short-term disability plan are imposed by teh insurer. If you fail to meet the conditions, the insurer can refuse to pay you. If you fail to meet your employer's reasonable conditions for verifying the medical need for your absence, the employer can refuse to treat your absence as covered by the FMLA, and it can terminate you.
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