Studies reveal that a growing number of Americans are facing mental health challenges. Depression, frequent or chronic mental distress, psychological disorders, and suicide have all seen sharp increases in recent years. Because mental health conditions can be very debilitating, employees may need to take time off to deal with serious mental health conditions of their own, or take leave to help a close family member who is struggling with a serious psychological issue.
Eligible employees are permitted to take FMLA leave for their own serious health condition, or to care for a spouse or child that is suffering from a serious health condition, which include both physical and mental health conditions.
Mental and physical conditions are deemed serious if they require inpatient care or continuing treatment by a health care provider. Serious mental health conditions such as addiction, eating disorders, various psychological disorders, or attempted suicide often require an overnight (inpatient) stay in a hospital or medical care facility.
A serious mental health condition may also require an employee or their family member to undergo continuing treatment, which may also be covered under FMLA. Conditions that cause incapacitation for three consecutive days and ongoing medical treatment, whether they be multiple appointments with a mental health care provider, or a single appointment for follow-up care, are considered continuing treatment under FMLA. Chronic conditions (anxiety, depression, other mental health disorders) that cause occasional incapacitation and periodic treatment by a health care provider may also qualify.
Eligible employees may take up to 12 work weeks of leave for their own serious mental health condition when they are unable to perform the essential duties of their job. Leave may also be taken to provide care for close family members – spouse, parent, minor child – due to a serious health condition.
Job Protected Leave to Care for Adult Children with Mental Health Conditions
For children who are 18 years or older, a parent may use FMLA leave for a serious mental health condition if the adult child is incapable of self-care because of a mental of physical disability. Under FMLA, a disability is defined as a mental or physical impairment that substantially limits one of more life activities. Mental conditions such as bipolar disorder, major depressive disorders, PTSD, OCD, schizophrenia and other serious mental health conditions are typically included under this definition.
Retaliation for Taking FMLA Leave to Address Mental Health Conditions
Unfortunately, employees may face push back when requesting FMLA to deal with a mental health condition they themselves are suffering or when they are needed to care for a family member in crisis. There is a pervasive lack of understanding regarding the toll mental health conditions take on the individual or the impact they have on families providing care for loved ones with mental health issues.
Employers are strictly prohibited from interfering with, restraining, or denying rights under FMLA with regard to a serious mental health condition. This includes threats of, or actual retaliation such as job termination, for requesting or using FMLA leave. If you believe your rights under FMLA have been violated, it is important to discuss your concerns with an experienced FMLA denial or retaliation attorney. Contact the employment law attorneys of Alan C. Olson & Associates for assistance at 262-785-9606.
