Nearly one in 20 adults in the US experience a serious mental illness every year, according to recent data from the National Alliance on Mental Illness. As a result, employers should take time to understand their legal obligations related to leave requests, including under the Family Medical Leave Act, from employees related to their mental health.
The FMLA only covers mental health conditions that rise to the level of a serious health condition. This includes inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health-care provider that prevents the employee from performing the functions of their position.
Any mental health condition has the potential to qualify as a serious mental health condition, including depression and anxiety. Workplace stress could even rise to this level under certain circumstances.
However, a diagnosis alone is not enough to trigger an employer’s obligations. Many mental health conditions are on a spectrum, with variations ranging in severity. Whether an employee’s condition qualifies for FMLA leave needs to be determined on a case-by-case basis.
Employers should consider whether the mental illness:
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