The Family and Medical Leave Act of 1993 allows employees up to 12 weeks of unpaid leave for medical and family reasons without fear of losing their jobs. Under the FMLA for mental health, conditions like anxiety, PTSD and severe depression can qualify as long as an individual receives ongoing treatment.
It’s important to understand that some mental health conditions can be as debilitating as physical illnesses. Laws acknowledge this and provide protection for those who need time off. This guide explains what conditions qualify and the process to apply.
Mental Health as a Qualifying Condition
The FMLA allows time off for a serious medical condition. Leave may be granted for an individual’s own health or to care for their parent, child or spouse. A serious health condition includes illnesses, injuries, impairments and mental health conditions that require inpatient care or continuous treatment by a health care provider.
Examples of qualifying mental health conditions include:
- Eating disorders
- Schizophrenia
- Panic disorders
- Major depressive disorders
- Bipolar disorder
- Obsessive-compulsive disorder
Steps to Take Before Requesting Leave
There are a few things to consider before applying for FMLA. Preparing in advance can help improve your chances of approval and make the process smoother.
Talk to Your Health Care Provider
Talk to your therapist or mental health provider about whether FMLA leave is necessary and beneficial for your condition. Your health care provider can provide insights on how medical leave would benefit your treatment and recovery.
Research Information on Your Eligibility
Make sure you meet the basic requirements of FMLA leave. These include:
- You must be employed by the company for at least 12 months.
- You must have worked at least 1,250 hours within the past 12 months before applying for FMLA leave.
- You must have a qualifying illness.
- You must not have already exhausted the available 12-week entitlement for the 12-month period.
Check on Your Company Policy
The procedures for requesting FMLA leave vary depending on who you work for. Check your employee handbook or contact your HR department for your company’s requirements.
Understand the Timing
FMLA requires you to give at least 30 days’ notice, if possible, when applying for planned leave. For unplanned leave, notify your employer as soon as possible.
Schedule an Appointment
Talk to your HR department and explain your intentions of applying for a mental health leave of absence. Be as transparent as possible. Ask what information they need from you to ensure the process goes smoothly. The human resources representative will likely walk you through the process and explain the correct paperwork.
What Documentation Is Needed?
When requesting a mental health leave, provide specific documentation from your doctor or mental health provider. Your provider must include the symptoms of your condition and how it impedes your performance. You can download a certificate of health for your provider to fill out. This certification should include:
- Validation of your condition
- Outline of your treatment plan
- Details of how the condition affects your job performance
In most cases, you have 15 days to provide your paperwork to your employer after requesting time off. Incomplete paperwork can delay your approval or result in a denial of your claim. All documentation submitted to your HR department must remain confidential.
Your Rights and What Employers Can Ask
Your employer does have the right to ask questions concerning your FMLA. However, there are limits. Be sure you understand your rights to prevent your employer from overstepping their bounds. Speak to your HR representative or an attorney if you feel your rights have been violated or you’ve been treated unfairly. Some things you need to consider include:
- Verification. Your employer has the right to ask for verification of your eligibility, including reasons for taking leave and whether it qualifies.
- Medical information. Your employer may ask for a doctor’s note or a copy of the medical certification. You may also be required to prove you have a serious medical condition. They’re not allowed to ask for detailed medical information.
- Confidentiality. Details concerning your condition should be kept confidential. Your employer may not share details of your leave with others within the organization except those required to know.
- Retaliation. Your employer may not punish you for taking FMLA leave. It’s also illegal for your employer to retaliate or discriminate against you for asking about your rights under FMLA.
Using Time Off With FMLA for Mental Health to Truly Heal
Use your FMLA for mental health to heal and recover. You’ll be in a more stable position when you return to work. Take the following steps to make the most of your time.
- Follow your treatment plan. Stick with the treatment plan prescribed by your health care provider. This plan may include inpatient treatment, therapy or medications.
- Develop coping strategies. Your therapist or mental health provider can help you develop coping strategies to support your mental well-being. Consider meditation, journaling, massage therapy or mindfulness.
- Build your support network. Connect with family, friends and support groups who can help you when struggling with your mental health.
- Set goals. Set goals throughout your leave to provide visible progress in your treatment.
Seeking Help for Mental Health
Reaching for help and taking FMLA leave for mental health reflects strength and self-awareness. The Mental Health Hotline is a valuable resource for those struggling with a mental health crisis. For free and confidential assistance, contact the Mental Health Hotline to speak to a professional or learn more about resources in your area.
