Mental health concerns in the workplace continue to rise. As employers work to support employees experiencing mental health issues, it is critical to know about and offer appropriate leave under the Family and Medical Leave Act (FMLA).
Many employees are facing burnout, depression, anxiety and substance misuse. Employers are responding with initiatives like expanded mental health benefits, increased flexible scheduling, telemedicine options and enhanced mental health education.
However, even with this elevated focus, mental health issues may still go unaddressed, oftentimes because they are less visible than physical ailments. In fact, an employee may be unable to work because of a mental health condition.
By understanding how FMLA applies to mental health conditions, employers can be better positioned to support their workforce and reduce their risk exposure. The U.S. Department of Labor (DOL) has issued guidance on use of FMLA leave for an employee’s own or a family member’s mental health condition.
What is FMLA?
According to the U.S. DOL, the Family and Medical Leave Act is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. It permits eligible employees of covered employers to take leave for themselves or a family member’s serious health condition.
To be eligible, an employee must:
- Work for a covered employer
- Have worked for that employer for at least 12 months
- Have worked at least 1,250 hours in the 12 months immediately preceding leave
- Work at a location where the employer has at least 50 employees within a 75-mile radius
Under FMLA, eligible employees may take up to 12 weeks of unpaid leave during a 12-month period for reasons that may include:
- The birth and care of a newborn child
- Placement of a child for adoption or foster care
- Caring for an immediate family member with a serious health condition
- Addressing the employee’s own serious health condition
Leave may be taken continuously or intermittently, depending on the circumstances. Employers must maintain the employee’s group health insurance during leave. After leave is complete, the employer must restore the employee to the same or equivalent position with similar pay and responsibilities.
How FMLA Applies to Mental Health
Leave for Mental Health Conditions
Under FMLA, a mental health condition may qualify as a “serious health condition” if it requires inpatient care or continuing treatment by a health care provider.
Mental health conditions such as anxiety, depression, bipolar disorder and post-traumatic stress disorder (PTSD) can significantly affect an individual’s ability to function effectively at work. FMLA recognizes this by allowing eligible employees to take leave to address their mental health needs without fearing job loss due to their need to take leave.
Eligible employees may take FMLA leave to address mental health conditions if one of the following applies:
- Inpatient care: A serious mental health condition that requires an overnight stay in a hospital or other medical care facility, such as a treatment center for addiction or an eating disorder.
- Continuing treatment: A serious mental health condition requiring ongoing treatment by a health care provider.
According to the U.S. DOL, employers may require the employee to submit certification from a health care provider to support their need for FMLA leave. This certification does not need to disclose a specific diagnosis but must provide sufficient information to support the need for leave.
It’s important to note that the FMLA and Americans with Disabilities Act (ADA) use different standards to determine whether an employee is protected. Under FMLA, the focus is on whether a condition prevents an individual from working for a period of time and requires inpatient or continuing medical care.
Under the ADA, a condition is considered a disability when it substantially limits one or more major life activities, such as sleeping or eating. Employees who qualify under the ADA may be entitled to reasonable accommodations that help them to perform their job. Some employees may qualify under both laws, meaning that they may need leave under FMLA and workplace accommodations under the ADA.
Caring for a Family Member with a Mental Health Condition
FMLA also permits eligible employees to take leave to care for a family member with a mental health condition who is receiving inpatient or continuing care. Qualified employees may take leave to care for a spouse, child or parent who is unable to work or perform normal daily activities because of a mental health condition.
Leave to care for a child with a serious health condition covers all children under age 18. However, a parent may use FMLA leave to care for a child age 18 or older if that adult child is considered to be incapable of self-care due to mental or physical disability. This disability may have begun at any age – not only before age 18.
Employers’ Duty of Confidentiality
Under FMLA, employers must keep any employee’s medical records (including mental health information) confidential and in separate files from regular personnel records. Employers must also comply with confidentiality obligations under other laws.
Respecting employee privacy is important in fostering trust and encouraging individuals to seek support without the fear of stigma or discrimination. While employers may inform supervisors or managers of an employee’s need for leave or if an employee requires work restrictions or accommodations, details of the condition should remain confidential outside this context.
Employees Are Protected from Retaliation
According to the U.S. DOL, employees are protected from retaliation for exercising their rights to take FMLA leave. This means that employers may not demote, terminate or take adverse action against employees for using FMLA leave.
FMLA prohibits interference with or denial of an employee’s exercise of their rights under the FMLA. It also prohibits disclosing or threatening to disclose an employee’s condition or situation in order to discourage use of FMLA leave.
How Employers Can Support Their Employees
In addition to FMLA, employees may qualify for protection under other federal employment laws, state family and medical leave laws and collective bargaining agreements. Employers should consult with employment law counsel to address specific FMLA-related questions.
Employers can also implement corporate wellness programs that put employee well-being at the forefront. This could include offering access to counseling resources, employee assistance programs (EAPs) and education to help reduce the stigma around mental health.
Employers may also promote preventive care by encouraging regular check-ins, offering stress management tools and giving employees access to programs that support work-life balance. Clear communication about all available resources can help employees feel more comfortable seeking support early, which could prevent conditions from worsening.
How Higginbotham Can Help
FMLA offers a vital framework for addressing mental health concerns in the workplace. By understanding FMLA’s provisions for mental health conditions, employers and employees can work together to build a more inclusive and compassionate workplace where mental well-being is a priority.
At Higginbotham, we help organizations design comprehensive benefits programs that support both employees and the business as a whole in sustainable, cost-effective ways. To learn more about how Higginbotham can assist your team with employee benefits strategies, HR services and FMLA administration, connect with a member of our team today.
