Family and Medical Leave for Mental Health

New publications from the Department of Labor (DOL) provide guidance on the applicability of family and medical leave (FML) for mental health conditions.

DOL’s new publications provide additional resources for workers on their right to take leave for serious mental health conditions and for employers to better understand how to comply with the Family and Medical Leave Act (FMLA). The intent is to ensure that obtaining job-protected leave is not another obstacle to overcome when workers seek the mental health support they need.

The new guidance includes:

• Fact Sheet #280: Mental Health Conditions and the FMLA
• Frequently Asked Questions on the FMLA’s Mental Health Provisions

A DOL press release, issued in late May, serves as a reminder that eligible employees may take FML for their own serious health condition or to care for a spouse, child, or parent because of their serious health condition. A serious health condition can include a physical or mental health condition requiring inpatient care or continuing treatment by a health care provider, including an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist. The definition of a serious health condition is detailed in the FMLA regulations (CFR Title 29 §825.113).

Additional information on FML can be found in the Leaves section of the HR Library (member login required) and in The Administrator’s Guide to Managing Leaves and Absences.