What Mental Health Conditions Qualify for FMLA?
Overview of FMLA for Mental Health
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specific medical and family-related reasons, including serious mental health conditions. To qualify, employees must meet these criteria:
Have worked for their employer for at least 12 months
Have accumulated at least 1,250 hours of service in the previous year
Work at a location where the employer has at least 50 employees within 75 miles
FMLA ensures continued group health benefits and guarantees employees the right to return to the same or an equivalent position after their leave.
For a mental health condition to qualify under FMLA, it must either require inpatient care (such as hospitalization) or ongoing medical treatment by a healthcare provider. This recognition allows employees to seek treatment without fear of job loss.
Qualifying Mental Health Conditions
Conditions Requiring Inpatient Care
Some mental health conditions necessitate inpatient treatment, meaning hospitalization or an extended stay in a medical facility. These may include:
Severe Depression requiring intensive therapy
Schizophrenia or other psychotic disorders needing stabilization
Eating Disorders (e.g., anorexia nervosa, bulimia nervosa) requiring hospitalization
Serious Health Conditions Requiring Ongoing Treatment
FMLA also covers mental health conditions that involve ongoing treatment. These conditions often include:
Anxiety Disorders (e.g., generalized anxiety disorder, panic disorder)
Bipolar Disorder with recurrent manic or depressive episodes
Post-Traumatic Stress Disorder (PTSD)
Obsessive-Compulsive Disorder (OCD)
Dissociative Disorders
Attention-Deficit Hyperactivity Disorder (ADHD) (if severe and requiring regular treatment)
These conditions may qualify if they require multiple visits to a medical professional for treatment and significantly impair daily functioning.
Types of Leave Under FMLA
Employee’s Own Mental Health Leave
Employees can take FMLA leave for their own mental health condition if it prevents them from performing essential job functions. This could include time off for:
Therapy or counseling sessions
Medication management
Recovery from an acute mental health crisis
Caring for a Family Member with a Mental Health Condition
FMLA allows employees to take leave to care for a spouse, child, or parent undergoing treatment for a serious mental health condition. For example, an employee may take leave to:
Assist a family member during hospitalization
Provide emotional or physical care during a crisis
Help with transportation to medical appointments
Military Caregiver Leave
FMLA provides additional protections for military families. Employees may take up to 26 weeks of leave in a 12-month period to care for a service member with a serious injury or illness, including mental health conditions like PTSD or traumatic brain injury.
Applying for FMLA Leave for Mental Health
Required Notice and Documentation
To request FMLA leave, employees must:
Provide 30 days’ notice if the need for leave is foreseeable
Notify their employer as soon as possible in emergency situations
Submit a medical certification from a healthcare provider detailing the condition, treatment plan, and impact on work
Employer Responsibilities and Confidentiality
Employers must keep medical information confidential and store FMLA-related documents separately from general personnel files. They are also prohibited from retaliating against employees for using FMLA leave.
Protection Against Retaliation
Employees who take FMLA leave cannot be terminated, demoted, or penalized for doing so. If an employer takes adverse action, the employee may have legal grounds for a complaint with the U.S. Department of Labor.
FAQs
What mental health conditions are generally covered under FMLA?
FMLA covers serious mental health conditions that require inpatient care or ongoing treatment, including major depression, bipolar disorder, PTSD, schizophrenia, and severe anxiety disorders.
What documentation is needed for an FMLA mental health leave request?
A healthcare provider’s certification outlining the diagnosis, expected duration, and impact of the condition on work is required. The specific diagnosis is not mandatory, but sufficient information must be provided to confirm eligibility.
Can I take FMLA leave for mental health without being hospitalized?
Yes, FMLA leave is available for mental health conditions requiring ongoing treatment, even if hospitalization is not necessary.
Can my employer deny my FMLA request for mental health reasons?
An employer cannot deny FMLA leave if the employee meets all eligibility criteria and provides appropriate documentation from a healthcare provider.
Contact Haven Health and Wellness for Mental Health Support
If you or a loved one need support for a mental health condition, Haven Health and Wellness provides neuro-affirming autism and ADHD assessments, integrative mental health care, and medication management services. We serve individuals in Washington and Oregon areas, including:
Vancouver, WA: Felida, Hockinson, Ridgefield, Camas
Portland, OR: Irvington, Alameda, Sabin, Lake Oswego, West Linn, Sherwood, Happy Valley
Contact Information
📞 (360) 450-5778
📧 hello@drlanaferris.com
🌐 www.drlanaferris.com
