Does FMLA Cover Mental Health?

There is no doubt that mental health conditions can affect an employee's ability to work, attend appointments or meetings, or keep a typical or regular schedule. For employees who are eligible employees, the Family and Medical Leave Act (FMLA) can protect them if they need to take time off from their job for medical or family reasons. One of the big questions people ask, though, is this: "Does FMLA Cover Mental Health?"

In some cases, yes. FMLA for mental health conditions is a possibility. However, it does not automatically cover all mental health conditions. A condition must meet the law's definition of "serious health condition," and the employee must also meet the requirements for FMLA eligibility. Some of the conditions that may qualify for FMLA include chronic anxiety, major depressive disorder, post-traumatic stress disorder, and bipolar disorder. There are also other conditions that may fall into this group.

Understanding how FMLA applies to mental health conditions is important, especially when employees need some time away from work for either symptoms or treatment.

Can Mental Health Conditions Qualify for the Family and Medical Leave Act?

Yes. FMLA may cover an employee's serious health condition or time away to care for a spouse, child, or parent with a seriously mental health condition. The U.S. Department of Labor is very specific, and it does recognize that mental health issues are serious. So, you can take FMLA for mental health reasons.

A mental health condition may qualify when it requires inpatient care or continuous treatment by a mental health provider. The employee doesn't have to be hospitalized for the condition to qualify for FMLA.

For instance, an employee may have a chronic condition like serious anxiety or depression. In these cases, it causes occasional periods when the employee is not able to do their job and they require treatment from a health care provider. For FMLA, they must require the treatment at least two times a year or they must show that their mental health condition incapacitates them for more than three consecutive days and requires ongoing treatment.

Does FMLA Cover Anxiety and Depression?

Anxiety and depression can qualify in some cases. For FMLA protection, however, these conditions must meet the legal requirements as a serious health condition. A diagnosis of anxiety or depression doesn't automatically mean that a person is eligible for FMLA benefits. The circumstances of the condition, and the treatment, both matter.

An example of this is an employee who has recurring severe anxiety that sometimes makes then unable to work and might require medical treatment. If the employee meets the eligibility requirements of FMLA, they could use FMLA for these incidents.

However, an employee with mild anxiety or depression would likely not be a covered employee because their condition doesn't require extensive medical treatment.

Can You Use FMLA for Therapy or Mental Health Treatment?

FMLA leave may cover treatment for a qualifying mental health condition. This can include appointments with a health care provider and therapy sessions when the treatment is connected to a serious health condition.

The Department of Labor explains that eligible employees may use FMLA leave for treatment visits and therapy sessions for qualifying conditions. Depending on the circumstances, an employee may use leave for a scheduled appointment or for time when the condition prevents the employee from working.

An employer may require medical certification supporting the need for FMLA leave. The certification must provide enough information to establish that the employee needs leave, but a diagnosis is not required on the certification. For more information, these workers comp lawyers in Columbus Ohio may be able to help.

Can FMLA Be Used for Mental Health Emergencies?

FMLA may apply when a qualifying mental health condition unexpectedly prevents an employee from working. This can be particularly important for chronic conditions that cause periodic episodes of incapacity.

For example, an eligible employee with a serious anxiety disorder may occasionally be unable to report to work because of the condition. If the employee has the required medical support and the absences qualify under the FMLA, the employee may be able to use intermittent FMLA leave for those periods.

Can You Take Intermittent FMLA for Mental Health?

Yes. When medically necessary, FMLA leave can be taken intermittently or through a reduced work schedule for an employee’s own serious health condition.

Intermittent leave means taking separate blocks of leave rather than taking all available leave at once. A reduced schedule can mean working fewer hours per day or week.

This can be useful for employees whose mental health conditions cause periodic symptoms or who need recurring treatment. Someone may need an occasional full day away from work, shorter periods for appointments, or a reduced schedule during a period of treatment.

Employees generally should communicate their need for leave and work with their employer regarding foreseeable treatment when required by FMLA rules.

How Much FMLA Leave Is Available for Mental Health?

An eligible employee generally may take up to 12 workweeks of FMLA leave during the applicable 12-month period for their own serious health condition. The leave may be unpaid, although available paid leave may sometimes run at the same time as FMLA leave.

FMLA leave also generally requires continuation of group health benefits under the same conditions as if the employee had continued working. When the employee returns from qualifying FMLA leave, the employer generally must restore the employee to the same or a virtually identical position.

What Are the FMLA Eligibility Requirements?

Having a qualifying mental health condition is only part of the analysis. An employee must also meet the FMLA eligibility requirements.

Generally, an employee must have worked for the employer for at least 12 months and have at least 1,250 hours of service during the 12 months before the leave begins. The employee also generally must work at a location where the employer has at least 50 employees within 75 miles.

Does an Employee Have to Tell the Employer It Is for Mental Health?

An employee requesting FMLA leave does not necessarily have to use the words “FMLA” or provide a specific diagnosis when notifying an employer.

The employee does need to provide enough information for the employer to understand that the leave may be for a qualifying reason. When the need for leave is foreseeable, employees generally should provide notice as soon as practicable and follow the employer’s usual procedures for requesting leave.

Can an Employer Deny FMLA for Mental Health?

When can an employer deny fmla? An employer may deny FMLA leave when an employee does not meet the requirements for protected leave. For example, an employee may not meet the eligibility requirements, the condition may not qualify as a serious health condition, or required medical certification may not support the need for leave.

However, an employer cannot deny qualifying FMLA leave simply because the underlying condition is a mental health condition. Federal law expressly recognizes serious mental health conditions as a potential basis for FMLA leave.

Can an Employer Punish You for Taking Mental Health FMLA?

The FMLA provides job-protected leave and prohibits employers from interfering with, restraining, or denying an employee’s exercise of FMLA rights. Retaliation for exercising FMLA rights is also prohibited.

If an absence qualifies as FMLA leave, an employer generally cannot use that protected absence as a negative factor in employment decisions. This can be important when an employee has intermittent leave for recurring mental health symptoms.

What If Mental Health Issues Are Related to a Workplace Injury?

For Ohio workers, a mental health condition may sometimes arise in connection with a workplace injury or workers’ compensation claim. FMLA and workers’ compensation are separate legal protections, and an employee may need to consider both.

The Department of Labor explains that FMLA leave and workers’ compensation leave can sometimes run concurrently when the circumstances qualify under both laws.

If a workplace injury has affected an employee’s physical or mental health, it may be important to understand which protections are available and how they interact.

What Should You Do If Your FMLA Request Is Denied?

If you believe you qualify for FMLA leave for a mental health condition and your employer denies the request, keep copies of the documents connected to the request. This may include medical certification, leave requests, emails, attendance records, disciplinary notices, and communications with supervisors or human resources.

Review why the employer denied the leave. The issue may involve eligibility, insufficient notice, medical certification, or whether the condition meets the FMLA definition of a serious health condition.

If you believe your employer interfered with your FMLA rights or retaliated against you for requesting or using protected leave, consider getting legal advice about your situation.

Talk to Larrimer & Larrimer

Mental health conditions can raise complicated workplace leave issues, particularly when an employee needs intermittent leave, faces discipline for absences, or is dealing with a condition connected to a workplace injury.

Larrimer & Larrimer, LLC represents Ohio workers in workers’ compensation matters. If you have questions about how FMLA leave may interact with a workplace injury or workers’ compensation claim, contact Larrimer & Larrimer to discuss your circumstances.