Can You Take FMLA For Mental Health?

Before you start the process, it’s important to confirm you meet the FMLA eligibility requirements. Not every employee qualifies, so checking these boxes is the first step. To be an eligible employee, you must meet all of the following criteria:

1. You must have worked for your employer for at least 12 months (they don’t have to be consecutive).
2. You must have at least 1,250 hours of service for your employer during the 12-month period immediately before the leave starts.
3. You must work at a location where the employer has at least 50 employees within a 75-mile radius.

Your employer also needs to be a “covered employer.” This includes public agencies (like local, state, and federal government employers), public and private elementary and secondary schools, and private-sector companies with 50 or more employees.

Your healthcare provider plays a crucial role in the FMLA process. You’ll need a medical certification from a qualified professional, such as a psychiatrist, psychologist, or clinical social worker, to support your request. This documentation doesn’t need to share your specific diagnosis with your employer, but it does need to state that you have a serious health condition that prevents you from performing your job functions. The certification typically includes the date your condition started, its likely duration, and other relevant medical facts. Our clinicians at Elevate Mental Health in Massachusetts can provide the necessary assessments and documentation for our patients navigating this process, ensuring you have the support needed to validate your request for leave. We can also help you explore the various programs we offer that might support your recovery.

Once you have a plan with your healthcare provider, it’s time to notify your employer. If your need for leave is foreseeable, the FMLA requires you to give at least 30-day advance notice. If it’s not foreseeable, you should notify them as soon as it’s practical. It’s always a good idea to check your company’s policy on who to notify, it’s usually your direct supervisor or the human resources department. You can make the request verbally or in writing, but a written request creates a helpful paper trail. Remember, you do not need to disclose your specific diagnosis. You only need to provide enough information to let your employer know that your leave is for an FMLA-qualifying reason.

Typically, FMLA leave for a child applies to those under 18. However, there’s an important exception for adult children. You can take FMLA leave to care for a child who is 18 or older if they are incapable of self-care due to a mental or physical disability, as defined by the Americans with Disabilities Act (ADA). This means their condition substantially limits one or more major life activities. Being “incapable of self-care” means the adult child requires active assistance or supervision with daily activities like cooking, cleaning, shopping, or managing their finances and health. This provision recognizes that caregiving doesn’t always end when a child turns 18, especially when they are facing significant mental health challenges.

Under the FMLA, eligible employees can take up to 12 weeks of job-protected leave for a serious mental health condition within a 12-month period. This time doesn’t have to be taken all at once. You can use it as a single continuous block or intermittently as your health needs require, such as for recurring therapy appointments.

Your employer defines the “12-month period,” which could be a calendar year or a rolling period. It’s always a good idea to speak with your human resources department to understand exactly how they track the time.

When your FMLA leave is over, your employer must return you to your original job or an equivalent position with the same pay and benefits. If your 12 weeks of leave are used up and you still cannot return to work, the job protection provided by FMLA ends.

At that point, you might have other options. You could request additional unpaid time off as a reasonable accommodation under the Americans with Disabilities Act (ADA) or see if you qualify for short-term or long-term disability benefits through your employer.

Yes, you can often get short-term disability (STD) benefits for anxiety, depression, or another mental health condition. To qualify, a healthcare provider must certify that your condition prevents you from being able to perform your job duties. STD is an insurance benefit that replaces a portion of your income while you’re out of work.

Remember, STD is different from FMLA. FMLA offers unpaid job protection, while STD provides income. Many people use both at the same time to ensure they have financial support during their medical leave.

Yes, a doctor can absolutely provide a sick note for stress if it is impacting your health and ability to function at work. Your health care provider will assess your symptoms to determine if a period of rest is medically necessary for your well-being.

A simple doctor’s note is usually for short-term absences that fall under your company’s sick day policy. For longer leaves, you will need more formal medical certification, such as the paperwork required to apply for FMLA.

Yes, the FMLA includes special provisions for military families. “Qualifying Exigency Leave” allows up to 12 weeks of leave to address issues related to a family member’s deployment. “Military Caregiver Leave” provides up to 26 weeks of leave within a 12-month period to care for a covered servicemember with a serious injury or illness.

This caregiver leave can be applied to mental health conditions such as PTSD or deployment-related stress, ensuring you have the necessary time to provide critical care and support.