Family and Medical Leave Act (FMLA) Leave for Mental Health Needs: What You Should Know

If you or someone close to you is facing a serious mental health condition, you're not alone, and you're not without protection. The Family and Medical Leave Act (FMLA) covers more than just physical health issues. It also safeguards your job when mental health challenges, such as depression, anxiety, PTSD, or similar conditions, make it difficult to work or care for a loved one.

When Mental Health Qualifies For FMLA Leave

You can use FMLA leave to manage your own mental health or to care for a spouse, child, or parent dealing with a serious mental health condition. However, not every situation is covered; the law has specific criteria that must be met to be applicable.

To qualify, the condition must meet one of two definitions of a “serious health condition”:

Inpatient Care 

Inpatient care means an overnight stay at a medical facility, such as a hospital or a licensed mental health treatment center.

Ongoing Treatment

These conditions prevent you from working for more than a few days and require ongoing care from a licensed healthcare provider. This could include regular therapy, prescribed medication, or participation in a structured treatment program.

Chronic mental health conditions like depression, anxiety, or bipolar disorder may also qualify, especially if they involve occasional, unpredictable flare-ups.

Example:

Leah has severe anxiety. She sees her therapist once a month and sometimes experiences intense episodes that make it hard to work. She uses FMLA leave for both scheduled appointments and those difficult days when her symptoms become overwhelming.

Using FMLA to Care for a Loved One with Mental Health Needs

If your spouse, parent, or child is facing a serious mental health condition, the FMLA allows you to take time off to care for them. That care could include helping with daily routines, providing transportation to appointments, or simply being there to offer emotional support.

If you're caring for a child, they generally need to be under 18. However, adult children with a disability may also qualify under FMLA guidelines.

Example:

Wong takes a day off to attend an aftercare session for his 15-year-old son, who just completed a two-month stay at a drug treatment center. That day is protected under FMLA.

What If Your Adult Child Needs Care?

You may also take leave for an adult child (18 or older) if they can’t care for themselves due to a mental or physical disability. Mental health issues like PTSD, OCD, and schizophrenia often meet the criteria, even if the condition developed later in life.

Example:

Anne’s 24-year-old daughter was hospitalized for a mental health condition. After her release, she requires assistance with basic tasks. Anne uses FMLA leave to care for her at home.

Special Considerations For Military Families

The FMLA extends additional protections if your loved one served in the military and is dealing with a serious mental health condition related to their service.

You can take up to 26 weeks of leave if you’re the spouse, child, parent, or next of kin caring for a service member or Veteran. That includes conditions that developed after service, like PTSD or traumatic brain injury.

Example:

Gordon’s wife, a Veteran, began showing signs of PTSD years after her deployment. He takes two weeks off to drive her to treatment at a VA hospital and help with daily tasks while she’s recovering.

What Kind of Documentation Do You Need?

Your employer can ask for a note from a healthcare provider, but they can’t require you to share a specific diagnosis. In most cases, a simple certification confirming the need for treatment will suffice.

If you are requesting military caregiver leave, the paperwork can be completed by a provider from the Department of Defense, the Veterans Affairs, TRICARE, or an approved civilian healthcare professional.

Privacy and Confidentiality

Your mental health is your business. The FMLA requires your employer to keep medical records separate from your regular personnel file. Only managers who need to know about scheduling or accommodations should have access.

They also can't threaten to expose your condition or use it against you. That kind of retaliation is illegal.

What To Do If Your FMLA Rights Are Violated

If your request for leave is rejected unfairly, or if your employer tries to punish you for taking it, you shouldn’t stay silent. You’ve got options.

One such option is to file a complaint with the Department of Labor. You can also have your case handled by an experienced labor and employment lawyer. Such an attorney understands your rights and has your best interests at heart.

You deserve to prioritize your mental health without putting your job at risk.

Let Morgan & Morgan Fight for You 

Your employer cannot deny your valid FMLA request, and they’re also prohibited from treating you unfairly for prioritizing your mental health or taking time off to care for a loved one.

If they do so, the labor and employment attorneys at Morgan & Morgan might be able to fight for you. Get started today with a free case evaluation. 

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.