In the United States, it is reported that 1 in 4 adults suffer from mental health disorders in a given year. Mental health disorders may qualify for job-protected leave under the Family and Medical Leave Act. Here are some examples:
- Can an employee experiencing anxiety use FMLA?
- Anxiety is a chronic condition if it requires treatment by a health care provider at least twice a year and recurs over an extended period of time. If an employee experiences occasional periods when he is unable to work due to a chronic condition, it would be covered under the FMLA.
- Can an employee with an eating disorder use FMLA?
- If an employee is unable to work, including being unable to perform any one of the essential functions of her position, she may use any available FMLA. If she is receiving treatment or counseling for this condition, she may also use any available Family and Medical leave.
- Can an employee take FMLA to care for an adult child with a mental health condition?
- Employees may use FMLA to care for a child who is 18 years of age or older if the child is incapable of self-care (for example, unable to work or go to school and needs help with cooking, cleaning, shopping and other daily activities) because of a disability as defined by the Americans with Disabilities Act (ADA). Major depressive disorder, bipolar disorder, obsessive compulsive disorder, and schizophrenia are a few examples of mental health conditions that may substantially limit one or more of an individual’s major life activities when active. A mental health condition requiring an overnight stay in a hospital or residential medical care facility would also be a qualifying serious health condition under the FMLA.
- Can an employee use FMLA to attend family counseling sessions if his spouse is in an inpatient treatment program for substance abuse?
- Employees may use FMLA to attend family counseling sessions for spouses who are undergoing inpatient treatment for substance abuse. This could include participating in the spouse’s medical treatment program or attending a care conference with the spouse’s health care providers.
- Can an employee use FMLA to care for a parent suffering from depression even if the employee has siblings who also provide care for that parent?
- An employee may use FMLA to provide physical and psychological care for a parent even if the employee is not the only individual or family member available to help. This care would include helping with basic medical, hygienic, nutritional or safety needs, taking a parent to medical appointments and filling in for others who normally provide care.
It is a good idea to require that employees provide certification of their serious health condition issued by a health care provider. This certification is considered a medical record and must be kept confidential and maintained in a separate file from personnel files.