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FMLA Leave for Mental Health Conditions: What Employers Need to Know

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FMLA Leave for Mental Health Conditions: What Employers Need to Know
As more and more employees contend with mental health conditions that impact their ability to work, employers should be aware of the availability of leave under the Family and Medical Leave Act (FMLA) for these employees. The U.S. Department of Labor (DOL) recently issued guidance in Fact Sheet #280 and a set of FAQs concerning situations involving mental health conditions that can trigger FMLA leave. Generally, FMLA leave is available for employees suffering from a mental health condition or caring for a family member suffering from a mental health condition that prevents them from working. According to the DOL guidance, examples of situations in which FMLA leave would be available for mental health conditions include:
  • Periodic flare-ups of a mental health condition;
  • Doctor appointments to manage anxiety or depression;
  • Attending family counseling sessions for a spouse who is undergoing inpatient substance abuse treatment;
  • Caring for an adult child who recently underwent hospitalization for a psychiatric condition; and
  • Transporting a veteran spouse to and from appointments at a VA hospital to treat his service-related post-traumatic stress disorder.
Employers should approach requests for FMLA leave based on mental health disorders with empathy and sincerity rather than cynicism. Most employees use FMLA appropriately to address real medical needs, which the DOL has clarified include mental health needs. As a result, employers should never assume that employees are misusing FMLA leave time.  An increasing number of court rulings have emphasized that employers may need to consider certain employee behaviors as requests for FMLA leave time. For example, employees are not required to use the acronym “FMLA” or refer specifically to the Family and Medical Leave Act when requesting leave time for their medical condition. Likewise, suppose an employer notices major changes in an employee’s behavior. In that case, those behavioral changes may suggest a need for the employer to consider whether the employee needs to take leave under FMLA. Employers should be proactively engaging employees with significant behavioral changes in a discussion about what they can do to help, including providing FMLA leave as an option when warranted.  The FMLA requires employees to return medical certification completed by their medical provider within 15 days of their employer furnishing it. Certain mental health conditions may impair an employee’s ability to meet this deadline. If an employer believes that the employee’s mental health condition contributes to delays in returning medical certification, the employer may wish to extend the compliance period and work with the employee to ensure that they return the necessary certification.  In many cases, although human resources staff may be well-trained in matters related to FMLA leave, management-level staff may not receive the same level of training. As a result, these staff members may fail to recognize when an employee may need to take FMLA leave, be unwilling to accommodate the employee’s needs for leave, or even make derogatory comments about an employee taking leave. As a result, untrained managers can be one of the largest sources of liability for businesses regarding FMLA leave. Management-level training can be critical in ensuring that companies comply with FMLA and related statutes and avoid violating federal and state laws. HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
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