FMLA For Stress & Mental Health Concerns
The Family and Medical Leave Act (FMLA) is designed to allow employees unpaid time off work to care for their physical or mental health, as well as that of their families. Below, we’ll look at the guidelines of FMLA and other options for employees needing time off for stress and mental health concerns.
What is FMLA?
FMLA is a law that gives 12 weeks of paid or unpaid leave from work each year to employees who need to care for themselves or a family member with a serious health condition. Although you may not receive a paycheck for the time you are away and may have to pay health insurance premiums out-of-pocket, the federal law ensures your employer will keep your job until you return when on mental health leave. This means you cannot be fired or laid off or have your position taken away from you because of your absence. If, for some reason, the same job is not available at the end of the FMLA period, your employer must find you one within the company. Situations in which the FMLA may apply include:
- The birth of a new baby (time also may be used for pregnancy-related complications)
- Adoption or foster care placement of a child who will live with the employee
- Care for serious personal illness or health condition
A serious health condition is one that renders someone incapable of working, going to school, or performing other major life activities. In some cases, it may require ongoing medical treatment. Routine examinations, treatment for illness (unless it meets the criteria above), and cosmetic procedures do not usually qualify. Complications from a chronic condition, acute illness, or an intensive procedure may be eligible for FMLA if they cause an employee to be unable to work and the employee has a regularly scheduled appointment with their healthcare provider.
FMLA availability
There are a few qualifying factors that make someone eligible for family leave. Employees must:
- Have worked at their place of employment for 12+ months (not necessarily consecutively)
- Have accrued 1,250 hours of work in the past year
- Work for a company that has more than 50 employees within 75 miles of your place of work
In addition, employees of non-public employers can use FMLA leave if the company employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. However, FMLA doesn't cover everyone. New employees, part-time or temporary staff, and workers in companies not considered covered employers are usually excluded. In some cases, there are other options available for those who need time away, such as state medical and family leave laws for employers and employees.
FMLA for stress
In some cases, FMLA can cover stress, stress-related conditions, and other mental health challenges. FMLA may help those going through extreme stress or mental illness if their symptoms affect their ability to function or their daily mental health.
If you are experiencing trauma, support is available. Please see our Get Help Now page for more resources.
Per the Department of Labor, conditions that require continuing treatment can include:
- “Conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, either multiple appointments with a health care provider, including a psychiatrist, clinical psychologist, or clinical social worker, or a single appointment and follow-up care (e.g., prescription medication, outpatient rehabilitation counseling, or behavioral therapy); and
- Chronic conditions (e.g., anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is incapacitated and require treatment by a health care provider at least twice a year.”
Support for military families under FMLA
The FMLA extends its support to families of servicemembers, including those on active duty, through the provision of military caregiver leave. This type of leave allows eligible employees up to 26 work weeks of leave in a single 12-month period, specifically to care for a covered servicemember or veteran who has suffered a serious injury or illness. Eligibility for this leave is broad and may include the servicemember's spouse, son, daughter, or parent. For example, if an employee’s spouse was injured during military service overseas, they could apply for FMLA military caregiver leave to provide care.
Support for an adult child with a mental health condition
When a serious mental health condition affects an employee’s adult child, the FMLA provides a safety net. It acknowledges the challenges faced by parents of children over 18 who, due to serious mental health conditions, are unable to care for themselves. The FMLA extends its provisions to cover such scenarios, using the definitions provided by the Equal Employment Opportunity Commission's (EEOC) regulations under the Americans with Disabilities Act (ADA). This means that conditions like major depressive disorder, bipolar disorder, and schizophrenia are recognized as disabilities that can greatly restrict major life activities, thus qualifying for FMLA leave.
FMLA application process
The U.S. Department of Labor provides all the information you need to request FMLA here. In most cases, you simply need to make your employer aware that you have a qualifying situation, and your human resources department will likely walk you through any paperwork or procedures they require for a formal request. If you believe that you’re unable to work due to stress-related conditions or a serious mental health condition, consider making an appointment with your doctor or a mental health care provider to discuss your options for this condition before applying through FMLA.
For planned leaves that will be covered by FMLA, it may help to let your employer know 30 days in advance if possible. For unplanned leave, you can alert your employer as soon as you can. However, you may want to give them enough information about the situation to show them it qualifies for FMLA.
Once you submit a request, your human resources department will likely look at the details, ask clarifying questions, and use any additional information you offer about your mental health issues to approve or deny your leave through FMLA. Your employer has five days from your initial request to decide. If your request is denied, the employer must provide at least one reason why.
Your employer may want proof of any physical or mental health conditions to understand the medical reasons behind the leave with FMLA. This is called medical certification, and it must include the following information:
- The date the condition started and made you unable to work
- The expected duration of the condition
- Facts about the condition, which may include doctor’s visits, symptoms, hospitalization, and referrals)
- Whether the request is for continuous or intermittent leave
However, you might want to avoid providing more information than what is requested and sending sensitive details to co-workers, direct supervisors, or your management team when applying for health benefits or FMLA.
Alternatives to FMLA leave for mental health
If you do not qualify for FMLA for stress or mental health problems, either because you do not meet the requirements or do not work with a company that offers the benefit, there are other options you can explore.
ADA accommodations for mental health
If you don't qualify for FMLA or ADA, consider taking leave. This option is like FMLA in that you can take unpaid time away from work, but it doesn't usually come with the benefits that FMLA offers. Unprotected leave is a risk because you may be terminated at any time you are away. However, if there is no other option for a stress leave at work, negotiating terms of leave with your employer is likely better than continuing to experience harm to your mental health. If you want to know more about your case at a specific company, an attorney or court services can likely help you better understand your rights.
Short-term disability
There are some instances where FMLA allows eligible employees to also benefit from short-term disability. If short-term disability isn't a possibility for you, you might check the details of some of the other benefits you are paying to see if you might be covered elsewhere.
Employee assistance programs
Vacation
If you want to use your vacation time as a stress leave at work, it may help to remember that you don’t have to go anywhere. Stress can negatively affect your body, and sometimes, just changing your routine and making time to relax can help.
Help through online therapy
Takeaway
How do I get FMLA for stress or mental health?
To use FMLA for stress or mental health, you generally need documentation of a mental illness provided by a doctor or other qualified professional, such as a therapist. In most cases, you must have worked for the company for at least 12 months in total, and you usually need to give a 30-day advance notice. In addition, it can be important to note that FMLA only applies to public and personal employers that have at least 50 employees. Some small businesses may voluntarily follow FMLA, but they are not required to do so.
Can I take time off work because of stress?
In some cases, it may be possible to take time off work due to stress. If you’re out of sick days, vacation days, or PTO days, it’s typically recommended to speak to your company’s HR department about the situation so that you can ensure you won’t be terminated for taking time off. You may be able to take FMLA leave for stress if a licensed medical or mental health professional documents that it is warranted due to your mental state. This enables you to take off up to 12 weeks per year, although your employer is not required to pay you during this time.
Will my doctor give me a sick note for stress?
Your doctor can assess your symptoms and determine whether a doctor’s note recommending stress leave is warranted.
Are stress and anxiety covered under FMLA (Family and Medical Leave Act)?
Severe anxiety disorders may be covered under FMLA if they impact an individual’s ability to work.
Can you get short-term disability for anxiety and depression?
Certain mental health situations can qualify for short-term disability benefits if they prevent you from performing essential job duties. Conditions that may be covered, depending on the group health benefits provided by your employer, include anxiety disorders, severe depression, post-traumatic stress disorder (PTSD), substance use disorder, and bipolar disorder. You can determine your eligibility for short-term disability benefits by speaking to your HR department, obtaining documentation of your mental illness, and submitting the documentation to your claims administrator.
Which mental health conditions are covered under FMLA, according to the U.S. Department of Labor?
According to the U.S. Department of Labor, “An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition.”
These mental health conditions must either require inpatient care, as in the case of severe eating disorders that necessitate an overnight stay at an inpatient facility, or continuing treatment from a healthcare provider. A condition that requires continuing treatment must fall under the following categories: “Conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, either multiple appointments with a health care provider, including a psychiatrist, clinical psychologist, or clinical social worker, or a single appointment and follow-up care (e.g., prescription medication, outpatient rehabilitation counseling, or behavioral therapy); and
Chronic conditions (e.g., anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is incapacitated and require treatment by a health care provider at least twice a year.”
Is a mental breakdown covered under FMLA?
A mental breakdown may be covered under FMLA regulations if you are determined to have a serious mental health condition that requires either inpatient care or continuing treatment.
Can you be fired for missing work due to a mental health condition?
While the Americans with Disabilities Act (ADA) protects against individuals being fired simply because they have a mental health issue or condition, missing work for any reason may lead to an employer dismissing an employee due to them being unreliable. However, eligible individuals may be able to miss work for up to 12 weeks per year under the FMLA. Still, there are qualifications that must be met in order to take FMLA leave.
How long should you stay off work for depression, mental illness, or mental health concerns?
The answer to this question is highly personal and depends on the severity of your symptoms. It can be ideal to consult your doctor or mental health provider to determine how much time you should take off from work. Recovering from mental health concerns related to a traumatic brain injury, for instance, may take much longer than improving depression symptoms enough to work.
What is military family leave?
Military family leave enables immediate family members of those in the military to take off up to 12 weeks of unpaid, job-protected leave per year if they work for a covered employer.
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