Mental health is just as important as physical health. Yet, many people wonder if federal law supports time off work to address mental health conditions. If you’re struggling with a serious mental health condition and considering taking time off, you might be asking: Can I use the FMLA for mental health treatment? The answer is yes — under specific conditions.
This article will explore the ins and outs of using FMLA for mental health treatment and where to find the support you need.
What is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons. The FMLA was designed to support employees who need time off for serious health conditions, whether for themselves or a family member.
Under the FMLA, you may take up to 12 weeks of unpaid leave per year while maintaining group health benefits. You are also entitled to return to the same job or an equivalent position when your leave ends.
Is Mental Health Covered Under the FMLA?
Yes. The FMLA specifically allows leave for mental health conditions if they meet the law’s criteria for a serious health condition. This includes mental illnesses like major depressive disorder, bipolar disorder, obsessive compulsive disorder, severe anxiety, post-traumatic stress disorder (PTSD), and other mental health disorders that require ongoing medical treatment.
A mental health condition must be considered a serious health condition, which the law defines as a condition that involves inpatient care or continuing treatment by a healthcare provider.
What Mental Health Treatments Qualify?
To qualify for FMLA leave, your treatment must meet one of the following:
- Inpatient care: An overnight stay in a medical care facility or residential medical care facility, including psychiatric hospitals or inpatient treatment programs.
- Continuing treatment includes regularly scheduled appointments, multiple sessions with a clinical psychologist or clinical social worker, outpatient rehabilitation counseling, behavioral therapy, or follow-up care.
Mental health concerns that require ongoing medical treatment and substantially limit your ability to perform essential job duties may qualify.
Examples of covered situations include:
- Taking leave to attend an inpatient facility for treatment of an eating disorder.
- Scheduling weekly therapy appointments for severe anxiety.
- Caring for your adult child diagnosed with a traumatic brain injury.
- Taking time off to assist a family member, such as an employee’s spouse, who is recovering from a traumatic stress disorder (PTSD).
- Participating in a family counseling session for a child with a serious mental health condition.
These examples illustrate how the FMLA applies not only to your own serious health condition but also to that of a family member.
Who is Eligible for FMLA Leave?
FMLA can protect employment for individuals seeking medical or mental health care. However, not all meet the criteria to use it.
To qualify, you must:
- Work for a covered employer (typically a private employer with 50 or more employees, or a public agency).
- Have worked for that employer for at least 12 months.
- Have completed at least 1,250 hours of service in the past 12 months.
If you meet these criteria, you are considered an eligible employee under FMLA regulations.
Caring for a Family Member with Mental Health Conditions
FMLA leave can also be used to care for a family member with a serious mental health condition. This includes an employee’s spouse, child, or parent.
In some instances, you can take military caregiver leave to care for a covered service member with a serious injury or illness, including mental health issues like PTSD or traumatic brain injury resulting from active duty or military service overseas.
You may also qualify for leave if your employee’s adult child has a disability that meets the definition under the Americans with Disabilities Act (ADA) and requires care.
What Documentation Do You Need?
You must provide a medical certification from a licensed healthcare provider. This may include a physician, clinical psychologist, clinical social worker, or other licensed mental health professional.
The certification should state that you or your family member has a serious medical condition, and that you require time off for treatment or care. While employers can request employee medical records, they are limited in what they can access. Your privacy is protected under both the FMLA and the Equal Employment Opportunity Commission’s (EEOC) guidelines.
How is Mental Health Leave Taken?
FMLA leave can be taken in several ways:
- Block leave: Continuous time off, such as a 30-day inpatient treatment program.
- Intermittent leave: Occasional periods off, like weekly therapy sessions or regularly scheduled appointments.
- Reduced schedule: Working fewer hours during the week while managing your condition.
The type of leave depends on your medical needs and the treatment plan approved by your healthcare provider.
Does FMLA Leave Protect My Job?
Yes. One of the core protections of the FMLA is job-protected leave. You are entitled to return to your same job or a comparable position with the same pay, benefits, and essential job duties.
Additionally, your health benefits must continue during your leave under the same terms as if you were actively working.
Mental Health and the ADA
Many mental health disorders are also covered under the Americans with Disabilities Act. If your mental illness substantially limits one or more major life activities, your employer may also be required to provide reasonable accommodations. This is separate from FMLA leave but may work in conjunction with it.
Can FMLA Be Used for Other Mental Health Conditions?
Yes. Other mental health conditions that meet the criteria of a serious mental health condition and require ongoing medical treatment can also qualify under the FMLA.
Even chronic conditions that flare periodically, such as major depressive disorder or bipolar disorder, may require multiple appointments or occasional leave.
When FMLA is Not Enough
FMLA leave is unpaid and limited to 12 weeks per year. If you need extended time off or paid leave, consider the following:
- Short-term disability insurance
- State paid leave programs
- Reasonable accommodations under the ADA
Your HR department or health care provider can help you explore options.
Find Treatment and Support Now
Using the Family and Medical Leave Act to address mental health issues is not only your right under federal law, it’s also a crucial step toward healing. Whether you’re managing your own mental health concerns, caring for a family member, or supporting a loved one through inpatient care or outpatient rehabilitation counseling, you do not have to choose between your job and your well-being.
If you’re unsure whether your situation qualifies, speak with the specialists at First Step Behavioral Health. Our team can guide you through using FMLA, assist you in finding a mental health treatment center that meets your needs, or help you schedule an intake appointment. Contact us today to take the first step toward better mental health.
Frequently Asked Questions (FAQ)
1. Can I use FMLA for mental health if I’ve already used it earlier this year for a physical condition?
Yes, but only if you haven’t exhausted your 12-week FMLA leave entitlement within the same 12-month period. The total leave available is cumulative for all qualifying reasons — mental or physical — per year.
2. Does my employer have to approve my FMLA request for mental health treatment?
If you meet the eligibility criteria and provide a valid medical certification, your employer is legally required to approve your FMLA request. They cannot deny leave simply because it’s for a mental health reason.
3. Can my employer contact my therapist or mental health provider?
No. While your employer may request medical certification, they cannot directly contact your therapist or healthcare provider without your written permission. They can, however, request clarification through an HR representative or a third party if needed.
4. What happens if I need more than 12 weeks off for my mental health condition?
Once your FMLA leave is exhausted, you may be eligible for additional leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). This must be evaluated on a case-by-case basis, depending on your condition and job responsibilities.
5. Can I be fired while on FMLA leave for mental health reasons?
You cannot be terminated because you are on FMLA leave. However, you can still be let go for legitimate, non-retaliatory reasons unrelated to your leave — such as company-wide layoffs or documented performance issues that predated your request for leave.
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