Remember: FMLA covers mental health conditions, too

Employees with mental health conditions are sometimes marginalized by employers. It shouldn’t be so. These conditions must be treated the same as the more obvious physical ones under the Family and Medical Leave Act (FMLA). They shouldn’t be shunted aside because they’re misunderstood, looked down upon because they are feared, or belittled because they are “different.” The U.S. Department of Labor (DOL) recently published Fact Sheet #280, which is a helpful guide. Let’s discuss.

Scenario 1

Emma works as an admin at a company covered by the FMLA, and she has the requisite hours and length of service to be afforded FMLA benefits. From time to time, she suffers with severe anxiety. She can’t predict when these bouts of anxiety will occur, and she has a regularly scheduled appointment with her doctor to treat the condition.

FMLA coverage? Yes. Employees are entitled to 12 weeks of leave for their own serious health conditions. They’re required to work with the employer with respect to this type of intermittent leave.

Scenario 2

Malik works for the same company as Emma, and he meets the eligibility criteria to take FMLA leave for himself. He uses one day of leave to travel to an inpatient care facility to attend an after-care meeting for his 15-year-old daughter, who has just completed a 60-day inpatient drug rehabilitation program.