Mental health symptoms don't always stay outside the workplace.
When a mental health condition significantly affects your ability to work, you may need time away for treatment, recovery, or periods when you're unable to perform your job.
For eligible employees, the Family and Medical Leave Act (FMLA) may provide job-protected leave for certain mental health conditions.
Here's what you should know.
Does FMLA Cover Mental Health?
Yes, mental health conditions can qualify under FMLA.
The U.S. Department of Labor explains that mental and physical conditions may qualify as serious health conditions when they involve inpatient care or continuing treatment by a healthcare provider.
Examples can include certain anxiety, depression, trauma-related, and other mental health conditions when FMLA requirements are satisfied.
Having a diagnosis by itself, however, doesn't automatically establish FMLA eligibility.
How Much FMLA Leave Can You Take?
Eligible employees may generally take up to 12 workweeks of FMLA leave during an applicable 12-month period for qualifying reasons, including their own serious health condition that makes them unable to perform the functions of their job.
FMLA generally provides job protection rather than wage replacement.
This is an important distinction.
Depending on your circumstances, you may have FMLA protecting your leave while another benefit, such as California Disability Insurance or employer-provided benefits, provides some wage replacement.
Can FMLA Be Used for Anxiety or Depression?
Potentially.
The important question isn't simply whether someone has anxiety or depression.
The condition must satisfy FMLA requirements for a serious health condition, and the employee must meet FMLA eligibility requirements.
The Department of Labor specifically recognizes that chronic mental health conditions can qualify when they cause periods of incapacity and require treatment by a healthcare provider.
Do You Need Medical Certification?
Your employer may require certification from a healthcare provider supporting the need for FMLA leave because of a serious health condition.
The certification generally provides sufficient medical information to establish the need for leave.
A diagnosis itself isn't necessarily required on the FMLA certification.
Your employer may have specific procedures and deadlines for submitting the requested certification, so it's important to carefully review the information provided by your HR or benefits department.
What Does a Mental Health Leave Evaluation Consider?
When you're seeking leave for your own mental health condition, the evaluation may consider whether your symptoms affect your ability to perform essential job functions.
Your provider may assess:
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Current symptoms
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Duration and severity
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Functional impairment
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Essential work responsibilities
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Concentration and productivity
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Attendance and reliability
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Stress tolerance
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Sleep and energy
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Emotional functioning
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Relevant treatment history
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Whether continuous or intermittent leave may be clinically appropriate
The recommendation should be based on your individual clinical circumstances.
Continuous vs. Intermittent Mental Health Leave
Not every employee needs the same type of leave.
Continuous leave generally involves being away from work for an uninterrupted period.
Intermittent leave may involve taking leave in separate periods when medically necessary.
Depending on the circumstances, an employee may also need a reduced work schedule.
The appropriate recommendation depends on the individual's medical needs, job responsibilities, and applicable leave requirements.
Is FMLA the Same as California SDI?
No.
These programs serve different purposes.
FMLA: Primarily provides eligible employees with job-protected leave.
California Disability Insurance: May provide eligible workers with partial wage replacement when they cannot perform their regular work because of a qualifying disability.
Depending on your circumstances, you may potentially use job-protected leave and disability benefits during overlapping periods.
What About CFRA?
California employees may also have rights under the California Family Rights Act (CFRA).
Although FMLA and CFRA share similarities, they are separate laws and eligibility can depend on your individual employment circumstances.
Your employer or HR department can provide information about which leave programs apply to your employment.
Need Mental Health Leave Documentation?
Tymly provides focused virtual mental health evaluations for California adults seeking workplace leave, disability, or accommodation certification.
Your evaluation focuses on your current symptoms, functioning, work-related limitations, and the clinical need for requested leave.
When clinically appropriate, documentation may be completed for:
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FMLA/CFRA
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California SDI
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Short-term disability
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Workplace leave
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Workplace accommodations
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Extensions and recertifications
Initial documentation is completed within 24 hours after all necessary information is received when clinically appropriate.
Serving California | 100% Virtual