The Family and Medical Leave Act (FMLA) has some implications regarding mental health issues. Here is what you need to know:
- FMLA provides job-protected leave for employees who need time off to address mental health conditions. Qualifying employees are entitled to up to 12 weeks.
- During leave, employees are still entitled to their group health benefits.
- FMLA leave is reserved for “serious health conditions.” Such a mental health condition is one that requires inpatient care and/or continuing treatment by a health care provider.
- An employer can’t require a worker to have an official diagnosis of a mental health condition to take FMLA leave. However, they may mandate that this individual submit certification from a health care provider backing up the need for leave.
- Workers can take FMLA leave if they have regularly scheduled appointments to see their provider/practitioner during their work shift.
- Workers can use FMLA leave to provider care for a spouse, child, or parent who is unable to work or perform daily activities or normal tasks because of a mental health condition such as an eating disorder or PTSD.
- Employees’ medical records and information must be kept confidential.
It is important to note that mental health issues aren’t always as obvious as physical health problems, but they still need attention and treatment.
