After the past few years have heightened feelings of stress and isolation for so many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation lately. Recently, the Department of Labor reminded employers that mental health affects employees and the workplace, too. New DOL guidance reiterates that a mental health condition may qualify as a serious health condition under the FMLA, and employers should be prepared to properly handle leave requests involving the mental health of an employee or an employee’s family member.
The Family Medical Leave Act (FMLA) FMLA leave is available to eligible employees. Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles. Private employers are covered employers under the FMLA if they employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers or successors in interest to another covered employer. Public agencies, including a local, state, or Federal government agency, and public and private elementary and secondary schools are FMLA covered employers regardless of the number of employees they employ.
FMLA requires...
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