New DOL guidance addresses mental health leave under FMLA

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees and the workplace. New DOL guidance reiterates that a mental health condition may qualify as a serious health condition under the Family and Medical Leave Act (FMLA), and employers should be prepared to properly handle leave requests involving the mental health of an employee or an employee’s family member.

FMLA leave basics

FMLA leave is available to eligible employees. They are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service for them during the 12 months before the leave, and work at a location where they have at least 50 employees within 75 miles.

Private employers are covered under the FMLA if they employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. This also includes joint employers or successors in interest to another covered employer. Public agencies (including a local, state, or federal government agency) and public and private elementary/secondary schools are FMLA covered employers regardless of the number of employees they have.