DOL provides new guidance on FMLA leave for mental health conditions

November 2022 employment law letter

Authors:

Nathan Whatley, McAfee & Taft

Earlier this year, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published new guidance related to the Family and Medical Leave Act (FMLA), labeled Fact Sheet #280. It specifically explains when an eligible employee may use FMLA leave to deal with a mental health issue.

At the same time, the WHD released new FAQs that are meant to guide employers through situations where FMLA leave may be appropriately taken. Neither the guidance nor the FAQs create any new regulations or requirements for employers: They’re simply meant to offer greater insight into when FMLA leave may be taken to treat a mental health condition.

Qualifying mental conditions

As with physical health conditions, the fact sheet explains that a mental condition can qualify as a serious health condition under the FMLA if it requires inpatient care or continuing treatment by a healthcare provider. “Continuing treatment” by a healthcare provider is further broken down in the document as including:

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