[california] Asked Hr About Medical Leave, Now Being Offered A Mutual Separate Agreement
Location: California
Have worked at the company for 3 years. Been struggling with major depression lately due to a confluence of life challenges (diagnosed with ASD 1, CPTSD, and OCD). Despite my best efforts to improve it, it's been getting worse. At the suggestion of my therapist, I spoke to HR about possibly taking medical leave. HR instead jumped directly to talk of a mutual separation agreement, i.e. leaving the company. Basically, they feel:
- I have been having major job performance issues for a while now (this has never been brought up before).
- Taking medical leave will not resolve the issues since I have such a different working style from my boss.
It absolutely feels like I'm being pressured into leaving; they're saying if I go with FMLA I'll definitely be put on a PIP when I come back. However, I feel like I should just take the offer:
- I've already been thinking about leaving anyway, just currently I haven't had the mental energy to look for a new job.
- They are offering to pay my wages and medical through the rest of the year.
- I do admit my performance has been worse lately (although for different reasons than they listed). Frankly I don't really want to be digging through my own dirty laundry.
On the flip side, I know the job market absolutely sucks right now. Not sure if I'd be eligible for unemployment, so if I don't find a job within 3 months I'll be totally screwed. Some of my peers in an ASD support group are recommending I take the FMLA and try to coast on disability as long as possible. But that means I'll have this fucking Sword of Damocles hanging over my head the entire time (the knowledge that when I come back they will probably try to terminate me).
Every option completely sucks and I deeply regret talking to HR. This is frankly, the worst emotional pain I've ever felt in my entire life (including when my dad died). I can already barely get up in the morning, so talking to a lawyer or anything of that nature feels impossible. I have until Fri to sign the agreement if I choose that.
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