DOL explains expanding FMLA leave to care for mental health conditions

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions is more nuanced, however. Mental health conditions are increasing worldwide. According to the World Health Organization (WHO), there has been a 13% rise in mental health conditions and substance use disorders in the last decade.

In response to a growing acknowledgment of mental health as an aspect of overall health, the U.S. Department of Labor (DOL) provided guidance on when (and how) FMLA leave can be taken to address the mental health conditions of employees and their families.

DOL’s May 2022 FMLA leave fact sheet

In the new fact sheet, the DOL reminded employers that the FMLA provides job-protected leave to employees who need time away from work to address mental health conditions. Those employees who qualify are entitled to FMLA leave of up to 12 weeks. During leave, they are still entitled to their group health benefits and should have the same or a virtually identical position upon their return to work. Employers may provide paid leave, but FMLA leave can also be unpaid depending on their specific policies.