Understanding FMLA: Does it Cover Mental Health Issues?
The Family and Medical Leave Act (FMLA) is a federal law that requires employers to provide up to 12 weeks of unpaid leave to eligible employees for certain family and medical reasons. This law applies to employers with 50 or more employees, and employees who have worked for the employer for at least 12 months and have worked at least 1,250 hours in the past 12 months.
While the FMLA provides protections for those who need to take time off from work for physical health conditions, many people are unsure if mental health issues are covered under the act. In this article, we’ll explore the answer to that question and provide you with a deeper understanding of the FMLA.
What is Covered by the FMLA?
The FMLA covers a variety of medical conditions, including but not limited to:
– The birth of a child or placement of a child for adoption or foster care
– A serious health condition that makes the employee unable to perform their job
– Caring for a spouse, child, or parent with a serious health condition
– Any qualifying exigency arising out of the fact that an employee’s spouse, child, or parent is on covered active duty, or has been notified of an impending call or order to covered active duty, in the military.
Does the FMLA Cover Mental Health Issues?
Yes, the FMLA does cover mental health issues. If an employee is diagnosed with a serious health condition that makes them unable to perform their job due to mental health reasons, they may be eligible for up to 12 weeks of unpaid leave under the FMLA.
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. This definition includes mental health conditions such as anxiety disorders, depression, bipolar disorder, and schizophrenia.
It’s important to note that an employee must receive treatment from a healthcare provider for their mental health condition in order for it to be covered under the FMLA. This can include counseling, therapy, medication management, or other treatments.
How to Request FMLA Leave for Mental Health Issues
If you need to take FMLA leave for mental health reasons, you should follow your employer’s procedures for requesting leave. Generally, you will need to provide your employer with certification from your healthcare provider that you have a serious health condition and require time off from work.
Your employer may also require you to provide periodic updates on your condition and when you can be expected to return to work. Failure to provide this information may result in the termination of your FMLA leave.
Key Takeaways
– The FMLA provides unpaid leave for eligible employees for certain family and medical reasons.
– Mental health issues are covered under the FMLA if they meet the definition of a serious health condition.
– Employees must receive treatment from a healthcare provider for their mental health condition in order for it to be covered under the FMLA.
– If you need to take FMLA leave for mental health reasons, you should follow your employer’s procedures for requesting leave and provide certification from your healthcare provider.
