FMLA for Mental Health: What You Should Know

If you're struggling with anxiety or depression that affects your work, you're not alone, and there are options that can provide support. The Family and Medical Leave Act (FMLA) offers unpaid leave for qualified medical reasons, including mental health conditions.¹

The Family and Medical Leave Act (FMLA) is a U.S. law that provides eligible employees with unpaid, job-protected leave for specific family and medical reasons.¹ This means you can take time off work to address serious health conditions, including mental health issues, or to care for a sick family member. FMLA helps employees balance work, personal health, and family responsibilities.

Here's everything you need to know about using FMLA for mental health.

Can You Use FMLA for Mental Health?

If your mental health significantly impacts your ability to work, you might qualify for FMLA leave. This allows you to take unpaid time off while keeping job protections in place.

Reasons for Leave

The FMLA allows eligible employees to take unpaid, job-protected leave for certain family and medical situations. While many people associate FMLA with physical illnesses or caring for a new child, the law also covers serious mental health conditions and caregiving responsibilities for qualifying family members. Understanding these situations can help you determine whether you may be eligible for leave.

Treating the Employee's Own Health Condition

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave each year when a serious health condition prevents them from performing their essential job duties.² This protection applies to both physical and mental health conditions, including anxiety, depression, post-traumatic stress disorder (PTSD), and other conditions that substantially affect daily functioning.

This includes both physical and mental health issues. If your anxiety or depression significantly interferes with your ability to work, you may qualify for FMLA leave to seek inpatient treatment for mental health conditions. You can talk with your healthcare provider about whether your condition qualifies.

Caring for a Family Member

The FMLA also allows eligible employees to take unpaid leave to care for a spouse, child, or parent with a serious health condition.² Caregiving may include providing physical assistance, attending medical appointments, coordinating treatment, or offering emotional support and reassurance during inpatient or home-based care.

In some circumstances, FMLA protections extend to caring for an adult child with a disability who cannot provide self-care because of a serious health condition.³ This can be particularly important for families supporting a loved one receiving treatment for a mental health condition or substance use disorder.

If you need time away from work to support a family member's recovery or ongoing care, FMLA may provide the flexibility needed to balance your family responsibilities with your employment obligations. Who Qualifies for FMLA?

To qualify for FMLA leave, you need to meet the following criteria:²

• Work for a company with at least 50 employees within a 75-mile radius
• Have worked for the company for at least a year
• Clocked 1,250 hours in the past 12 months

If you meet these criteria, you can apply for FMLA leave for mental health reasons.

What Mental Health Conditions Qualify for FMLA Leave?

The FMLA covers a broad range of mental health conditions when they significantly limit your ability to perform essential job functions.² Common qualifying conditions include:

• Anxiety
• Panic attacks
• Depression
• Stress
• Post-traumatic stress disorder (PTSD)

The U.S. Department of Labor notes that certain mental health conditions may qualify for protections under both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) when they substantially limit major life activities, such as working. Examples include major depressive disorder, bipolar disorder, obsessive compulsive disorder (OCD), and schizophrenia.

Mental health conditions that require inpatient treatment or an overnight stay in a hospital or residential treatment facility may also meet the FMLA's definition of a serious health condition.⁴ If your mental health condition substantially limits major life activities, including your ability to work, you may qualify for FMLA leave.

Understanding Intermittent FMLA Leave

Eligible employees can take up to 12 work weeks of FMLA leave, and the U.S. Department of Labor says that leave may also be used intermittently or on a reduced schedule when medically necessary, for qualifying exigencies, or for bonding leave if the employer and employee agree.

Intermittent leave allows you to take time off in separate blocks or reduce your work schedule when medically necessary.² This can be helpful for ongoing mental health treatment, such as:

• Attending regular therapy appointments through an intensive outpatient program
• Managing medication adjustments
• Recovering from acute episodes of anxiety or depression

You can start by talking with your healthcare provider about whether your specific condition qualifies and whether intermittent leave fits your treatment plan.

Can You Get Paid Leave for Mental Health?

FMLA provides job protection for unpaid leave related to mental health, and it does not require paid time off.² Some employers offer other paid leave options, like sick days or short-term disability, which may cover absences related to mental health.

Understanding whether insurance covers rehab can help you plan financially during your leave. State laws vary, and some states offer paid family and medical leave benefits. Some states have passed laws to fund medical leave programs.⁵ Coverage depends on your situation, so checking your employer's policies and your state's rules can help you understand your options.

Will My Boss Discriminate Against Me for Taking FMLA?

It's normal to worry about discrimination or retaliation from your employer. The FMLA prohibits employers from taking certain adverse actions against employees who use FMLA leave, including for mental health conditions.⁶ According to the DOL, FMLA can protect your right to take leave and can help guard against retaliation. The following actions are also not allowed:

• Refusing to authorize FMLA leave for an eligible employee
• Discouraging an employee from using FMLA leave
• Manipulating an employee's work hours to avoid responsibilities under the FMLA
• Using an employee's request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions

If you're eligible, taking FMLA leave may be a protected right. FMLA can help protect your job and may lower the risk of negative consequences while you take time to care for your mental health. If you believe your rights have been violated, you may want to talk with an employment attorney.

Who Can Fill Out FMLA Paperwork for Mental Health?

A healthcare provider can complete FMLA paperwork for a mental health condition.² This may include a psychiatrist, psychologist, or therapist. They may include information about your diagnosis and a treatment plan to support your FMLA request. Your employer may not need your full medical history, but they can "request that you provide medical certification containing sufficient medical facts to establish that you are using FMLA leave for a qualifying serious health condition."⁷

How to Apply for FMLA for Mental Health

Applying for FMLA leave for mental health reasons may feel overwhelming, and learning the steps can make it easier. Here's a general guide:

1. Inform Your Employer: You may want to notify your HR department or supervisor about your need for leave due to a mental health condition. In many cases, giving 30 days' notice works best when you can plan ahead.²
2. FMLA Paperwork: Your HR contact can help you with the FMLA paperwork.⁸ This usually includes a request form and a medical certification form.
3. Medical Certification: You may choose to schedule an appointment with your mental health provider to complete the medical certification form. This document confirms that your condition qualifies for FMLA leave.
4. Submit Required Documents: You can return the completed FMLA paperwork and medical certification to your employer.
5. Know Your Rights: It may help to review FMLA regulations and your employer's leave policies. This information can help you understand your options for requesting and taking leave.

Everyone's situation is unique. If you run into difficulties, you may want to talk with an employment attorney for guidance.

Employee Requirements

Employees have responsibilities when taking FMLA leave:²

• FMLA rules may require you to provide enough notice when your need for leave is foreseeable.
• You may need to work with your employer to provide medical certification.
• While on leave, you may need to update your employer on your status, especially if your return-to-work date changes.

Your employer's FMLA policies may offer the most accurate guidance for your situation.

Employer Requirements

Employers also have specific obligations under FMLA:⁸

• They generally must provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons.
• During your leave, employers generally must maintain your group health insurance coverage.
• Upon return, they generally must reinstate you to your same position, or an equivalent position with equal pay and benefits.

When it comes to FMLA and mental health, it helps for both employers and employees to understand their rights and responsibilities. To learn more about how to talk to your employer, see our article on requesting time off work to go to rehab.

You Are Not Alone

Mental health concerns can feel isolating, but support is available. Browse inpatient mental health facility profiles and residential treatment centers for depression, trauma, anxiety, and more. Healing is possible. You may want to explore mental health support for yourself or a loved one.