The National Institute of Health estimates that nearly one in five U.S. adults – or about 52.9 million people in 2020 – live with a mental illness, and that only about half receive the help needed. While many people coping with mental illness may face barriers to treatment including social stigmas, a lack of available services or financial resources, the US Department of Labor is determined to ensure that obtaining job-protected leave under the Family and Medical Leave Act is not another obstacle to overcome when workers seek the mental health support they need. As the nation recognizes National Mental Health Awareness month, the department’s Wage and Hour Division is providing additional resources for workers on their rights to take leave for serious mental health conditions and for employers to better understand how to comply with the FMLA.
An eligible employee may take FMLA leave for their own serious health condition or to care for a spouse, child or parent because of their serious health condition. A serious health condition can include a mental health condition. Mental and physical health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a healthcare provider, such as an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist.
The newly published guidance includes Fact Sheet # 28O: Mental Health Conditions and the FMLA and Frequently Asked Questions on the FMLA’s mental health provisions.
