Mental health in the workplace has typically been a taboo subject. However, the good news is more organizations are recogniz that mental health is just as important as physical health and offering more and more benefits to support their workers.
One of the benefits some employers offer falls under the Family and Medical Leave Act (FMLA), which allows for an unpaid medical or mental health absence for 12 weeks for treatment and care.
Determining whether you need to take a leave of absence from work can be a hard decision and understanding FMLA, your rights, as well as what qualifies under the Act can be helpful.
What is FMLA
The Family and Medical Leave Act (FMLA) was enacted in 1993 to require employers (however, only organizations with 50 employees or more) to provide job-protected leave for qualified medical reasons, including mental health conditions. While employers are not required to pay you during this approved absence, FMLA ensures your job will be protected during this time off.
However, employees may be eligible to use other benefits while they are using FMLA leave, including workers’ compensation or short-term disability as an accommodation under the Americans with Disabilities Act (ADA) and may include paid leave mandated under your state or local law.
Additionally, employee who qualify for FMLA are entitled to take FMLA leave in separate blocks of time, or intermittently, or on a reduced schedule, by working fewer hours each day or week
Which mental health conditions would qualify for FMLA?
Mental health conditions that would require more intensive treatment qualify for FMLA, including:
- Major depression
- Anxiety disorders
- PTSD
- Bipolar disorder
- Schizophrenia
- Obsessive-compulsive disorder (OCD)
- Dissociative disorders
- Substance use disorders
- Eating disorders
FMLA is not intended as an opportunity to destress and take a break from work. If an employee is struggling with their mental health and it affects their work to a point that they are requesting FMLA, a higher level of mental health care - either in-patient hospitalization, partial hospitalization or intensive outpatient treatment - is typically warranted.
Which mental health conditions would qualify for FMLA?
- Contact your HR department to discuss their mental health benefits and FMLA policy - unfortunately smaller companies (under 50), are not required to extend FMLA benefits as they are not a FMLA covered entity. Also, some companies require certain qualifications before FMLA is approved, including length of time at a company (some companies will not allow FMLA if an employee has worked at a company under a year), hours worked, etc.
- Determine if your company provides paid or unpaid time off to help you plan for any financial obstacles or support.
- Discuss other opportunities for support outside of FMLA, including PTO, employee-assistance program (EAPs) and short-term disability.
- Work with your mental health provider to assess the severity of your symptoms and determine if medical leave is a part of your treatment plan. If the severity of symptoms warrants FMLA, many mental health providers will require more intensive treatment as part of approval or documentation recommendations.
- Complete any necessary paperwork required by your employer. Your HR department may have very specific requirements and documentation needed before FMLA can be approved.
- Talk with your supervisor about time off, as well as potential accommodations to support you upon your return to the office after leave.
For more information on FMLA and your rights, visit the Department of Labor website at www.dol.gov under FMLA and Mental Health.
Erin Swinson, LMHC
Mental Health Therapist
NWI Clarity Clinic
Ivey, A.G. (2023, September 23). Mental Health Leave of Absence from Work: Know your Rights - GoodRX. Retrieved from www.goodrx.com/health-topic/mental-health/mental-health-leave-of-absence.
