The US Department of Labor’s (DOL) Wage and Hour Division has published updated Family and Medical Leave Act (FMLA) guidance for employers and workers. The additional resources were provided to help inform workers of their rights to take leave for serious mental health conditions, and for employers to better understand how to comply with the FMLA.
The National Institute of Health estimates that nearly one in five US adults — or about 52.9 million people in 2020 — live with a mental illness, and that only about half receive the help needed. The US DOL said they are determined to ensure that obtaining job-protected leave under the FMLA is not another obstacle to overcome when workers seek the mental health support they need.
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.
Issue:
An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition. Employers are prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
Discussion Points:
- Review your policies and procedures on the FMLA, including mental health provisions, and update as needed.
- Train human resources staff and facility leadership on FMLA requirements, including the mental health provisions. Document that the training occurred and file each signed document in the employee’s individual education file.
- Periodically audit to ensure that employees who requested FMLA, including for mental health conditions, were not discriminated against and that policies and procedures were followed.
