FMLA for Mental Health: What You Should Know

Reasons for Leave

Treating the Employee’s Own Health Condition

The FMLA allows employees to take up to 12 weeks of unpaid leave to care for their health.² According to the DOL,

An eligible employee may take up to 12 work weeks of leave for their own serious health condition that makes the employee unable to perform their essential job duties.

This includes both physical and mental health issues. If your anxiety or depression significantly interferes with your ability to work, you may qualify for FMLA leave to seek treatment. You may consult with your healthcare provider to determine if your condition qualifies.

Caring for a Family Member

The FMLA also allows employees to take unpaid leave to care for a family member³ with a serious health condition. The DOL specifies, 

Leave may also be taken to provide care for a spouse, child, or parent who is unable to work or perform other regular daily activities because of a serious health condition. Providing care includes providing psychological comfort and reassurance that would be beneficial to a family member with a serious health condition who is receiving inpatient or home care. FMLA leave for the care of a child with a serious health condition is generally limited to providing care for a child under the age of 18.   

This also includes caring for an adult child with a disability:⁴ 

A parent may use FMLA leave to care for a child 18 years of age or older who is in need of care because of a serious health condition, if the individual is incapable of self-care because of a mental or physical disability.

Whether you need to provide physical care, emotional support, or attend medical appointments, using FMLA for mental health can offer some flexibility during times when you have extra family responsibilities.

Who Qualifies for FMLA?

To qualify for FMLA leave,⁵ eligible employees need to meet the following criteria: 

• Work for a company with at least 50 employees within a 75-mile radius
• Have worked for the company for at least a year 
• Clocked 1,250 hours in the past 12 months

If you meet these criteria, you can apply for FMLA leave for mental health reasons.

What Mental Health Conditions Qualify FMLA Leave?

The FMLA covers a broad range of mental health conditions. This includes most common disorders:

• Anxiety
• Panic Attacks
• Depression
• Stress
• Post-traumatic stress disorder (PTSD)

Conditions like bipolar disorder, schizophrenia, and other serious mental illnesses are also typically covered under FMLA.⁶ According to the DOL,

A disability under the ADA is a mental or physical condition that substantially limits one or more of the major life activities of an individual, such as working. Major depressive disorder, bipolar disorder, obsessive compulsive disorder, and schizophrenia are a few examples of mental health conditions that may substantially limit one or more of an individual’s major life activities when active. A mental health condition requiring an overnight stay in a hospital or residential medical care facility would be a qualifying serious health condition under the FMLA. 

You can start by consulting with your healthcare provider to determine if your specific condition qualifies. 

Can You Get Paid Leave for Mental Health?

While FMLA provides job protection for unpaid leave related to mental health, it doesn’t guarantee paid time off. However, some employers offer additional paid leave options, like sick days or short-term disability, which may cover absences related to mental health. State laws also vary, with some providing paid family and medical leave benefits. Currently, 13 states have passed legislation to fund medical leave programs.⁷ Coverage varies according to your specific situation, so check your employer’s policies and state laws to understand your options.

Will My Boss Discriminate Against Me for Taking FMLA?

While the FMLA provides important protections,⁸ it’s normal to worry about potential discrimination or retaliation from your employer. However, the law prohibits employers from taking adverse actions against employees who use FMLA leave, including for mental health conditions. According to the DOL, employers are prohibited from interfering with employees’ right to take FMLA leave, as well as discriminating or retaliating those who do so. The following actions are also not allowed:

• Refusing to authorize FMLA leave for an eligible employee
• Discouraging an employee from using FMLA leave
• Manipulating an employee’s work hours to avoid responsibilities under the FMLA
• Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions

Taking FMLA leave is your right. You shouldn’t have to worry about losing your job or facing negative consequences because you’re taking the time you need to care for your mental health. If you believe your rights have been violated, you may consult with an employment attorney. 

Who Can Fill Out FMLA Paperwork for Mental Health?

Typically, a healthcare provider, such as a psychiatrist, psychologist, or therapist, can complete the FMLA paperwork certifying your need for leave due to a mental health condition. They’ll provide the necessary information about your diagnosis and a treatment plan to support your FMLA request. While your employer doesn’t need to know your medical history, they can “request that you provide medical certification containing sufficient medical facts to establish that you are using FMLA leave for a qualifying serious health condition.”⁹

How to Apply for FMLA for Mental Health

Applying for FMLA leave for mental health reasons might seem daunting, but understanding the process can make it easier. Here’s a general guide:

1. Inform your employer: Start by notifying your HR department or supervisor about your need for leave due to a mental health condition. While it’s not always required, providing 30 days’ notice is ideal.
2. Complete FMLA paperwork: Your HR contact can help you with the FMLA paperwork.¹⁰ This usually includes a request form and a medical certification form.
3. Obtain medical certification: Schedule an appointment with your mental health provider to complete the medical certification form. This document confirms that your condition qualifies for FMLA leave.
4. Submit required documents: Return the completed FMLA paperwork and medical certification to your employer.
5. Understand your rights: Familiarize yourself with FMLA regulations and with your employer’s leave policies. This knowledge empowers you to protect your rights around requesting and taking leave.

Everyone’s situation is unique. If you run into any difficulties, consider consulting with an employment attorney for guidance.

Employee Requirements 

Employees have responsibilities when taking FMLA leave:¹¹ 

• You must provide your employer with sufficient notice when your need for leave is foreseeable.
• You’ll need to cooperate with your employer in providing medical certification. 
• While on leave, you may need to periodically update your employer on your status, especially if your return-to-work date changes. 

Follow your employer’s specific FMLA policies for accurate guidance.

Employer Requirements

Employers also have specific obligations under FMLA:¹²

• They must provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons. 
• They have to maintain your group health insurance coverage during your leave. 
• Upon return, they must reinstate you to your same position, or an equivalent position with equal pay and benefits. 

When it comes to FMLA and mental health, it’s important for both employers and employees to understand their rights and responsibilities. To learn more about how to talk to your employer, see our article on requesting time off work to go to rehab. 

Find Treatment for Mental Health

Taking care of your mental health is a priority—even if it means having a difficult conversation with your employer. If you’re struggling with a mental health concern that’s impacting your ability to function at work, look for professional help today. 

Frequently Asked Questions About FMLA for Mental Health

What mental health conditions qualify for FMLA leave?

The Family and Medical Leave Act (FMLA) covers a range of mental health conditions, including anxiety, depression, PTSD, bipolar disorder, and schizophrenia. If these conditions significantly limit your ability to work, you may qualify for FMLA leave. Consult your healthcare provider to determine if your condition qualifies.

Can FMLA leave be used to care for a family member with a mental health condition?

Yes, FMLA leave can be used to care for a spouse, child, or parent with a serious mental health condition. This includes providing physical care, emotional support, or attending medical appointments. The leave offers flexibility for family responsibilities during challenging times.

Does FMLA protect against job loss due to mental health leave?

Yes, FMLA provides job protection for eligible employees taking unpaid leave for mental health reasons. Employers cannot interfere with your right to take FMLA leave or retaliate against you for doing so. Your position or an equivalent role must be available upon your return.