A growing number of our employees are dealing with serious mental health issues that render them unable to come to work. As employers, we need to know how to manage and support our employee during these difficult times.
On May 25, the U.S. Department of Labor issued guidance reminding us that the Family and Medical Leave Act (FMLA) covers situations when an employee's mental health condition, or those of a family member in their care, inhibits them from working.
The DOL provided several examples of FMLA-triggering situations in its new Fact Sheet #28O and FAQ:
The guidance addressed how the FMLA applies is various situations:
Karen is occasionally unable to work due to severe anxiety. She sees a doctor monthly to manage her symptoms. Karen uses FMLA leave to take time off when she is unable to work unexpectedly due to her condition and when she has a regularly scheduled appointment to see her doctor during her work shift.
Anastasia uses FMLA leave to care for her daughter, Alex. Alex is 24 years old and was recently released from several days of inpatient treatment for a mental health condition. She is...
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