FMLA Stress Leave: How to Apply for It and How Does It Work?

Overview

• Learn more about what FMLA is

• Discover how FMLA can impact your treatment for depression

• Learn what to do to complete a leave request

When it comes to laws on employee assistance programs and health like FMLA, many people immediately think about physical health. However, mental health and behavioral health can have an equally important role in the overall well-being of employees and their co-workers.

Even prior to the pandemic, an estimated one in five adults over 18 faced a mental illness at some point. This can create significant problems for the workforce where common mental illnesses, like depression, can cause cognitive impairment 35% of the time. Depression can also reduce a person’s physical ability to do a job 20% of the time.

If you work for a covered employer, you must also understand what determines eligibility and whether or not you can use this FMLA plan to help you with mental illnesses. Let’s walk through some common FAQs.

FMLA stands for the Family and Medical Leave Act, a federal law enacted in 1993. With this law, employees who meet certain criteria can take up to 12 weeks off from work each year to care for certain family members or medical conditions.

The criteria that eligible employees must meet to receive the benefits of this law are as follows:

• You have to work for an employer who employs at least 50 people.

• The employees must work within 75 miles of each other.

• You must have worked for a minimum of 20 weeks during the current year or the previous year.

• You must have worked for your employer at least 12 full months. (Note that there is no stated requirement that these 12 months be consecutive.)

• During the 12 months prior to the request, you must have worked a minimum of 1,250 hours.

If you meet these criteria, you can use FMLA when you face certain serious family or medical issues, including protections for mental health issues. For example, if you give birth or adopt a new child, if you or your immediate family member face a serious health condition, or if you experience an emergency due to the military service of a family member, you can use this law to take care of yourself and your family.

We will explore a bit more about how this law works for mental illness and its impact on you and your job.

If you want to take FMLA, you need to understand the rights this law affords you as a qualifying employee and how the process works. Here are a few key points to review.

• Know that your leave is protected. In other words, if you qualify for FMLA and take it, your employer must protect your job and give you the same job — or an equivalent — when you return. An equivalent means that they cannot give you a lower-paying job or one with fewer job duties.

• While you are on leave, you don’t have to worry about losing your health insurance. Upon reading more into these benefits, some people may feel concerned that since you do not receive a paycheck during this leave, they will lose their health insurance. That is not the case. The employer must maintain your health insurance coverage the same way they would if you were showing up to work each day.

• Know that your employer cannot interfere with you taking FMLA. In other words, they cannot do anything that would restrict your ability to take leave or prevent you from taking it. Similarly, your employer cannot retaliate against you in any way for having taken the leave. If they do try to prevent you from taking FMLA and you complain about their conduct, they cannot retaliate against you for that, either.

• When you request your leave, you may have to provide some health or medical information to support your right to take the leave. Your employer cannot store this with your standard personnel file but instead make sure it is kept confidential, the same way you would expect confidentiality for any other medical information thanks to HIPAA.

• You get to take the full 12 weeks. Your employer cannot try to stop you from taking the full leave that you need within those 12 weeks.

The better you understand these rights, the easier it will be for you to go through all the proper channels to request your leave and approach your employer confidently.

FMLA exists to help employees face a wide range of medical conditions, including mental health. Therefore, you can absolutely take FMLA to help you get proper treatment for depression. FMLA covers all “serious health conditions” and defines these conditions as those that call for continuing treatment, inpatient treatment, or otherwise prevent people from working.

FMLA would also cover important mental health conditions like:

• Anxiety

• PTSD (post-traumatic stress disorder)

• Bipolar disorder

• Schizophrenia

The key criteria in any of these situations is simply that the condition prevents people from effectively working.

To use your FMLA for a mental health leave, you’ll want to follow the proper procedures to minimize any threat of delays or not getting the time off when you need it. Bear in mind that most workplaces will require you to submit a request at least 30 days before you take the leave.

Since FMLA is contingent on health conditions that hinder your ability to work, your employer might ask for some medical certification for your circumstance, outlining your need to take leave. If you need to provide this certification, you will have to do so within 15 days of the request from your employer.

Therefore, when you realize that you will likely want to take FMLA, review your workplace’s internal policies. This can assist you in identifying the right place to make the request and continue following the proper steps.

To begin, you’ll want to meet with your healthcare provider, often a psychologist or a psychiatrist, who will create a treatment plan for depression. Your workplace may require documentation of your health condition and information about how long you will be out; in that case, your healthcare provider will produce this paperwork to submit. They may also offer advice as you navigate the weeks leading up to your time off work.

Keep in mind that an employer can request more information about your health condition, including asking for a second medical opinion. If they do request this opinion, it can only be to validate your medical certificate. Your employer must also pay for the additional opinion.

Once you have created a treatment plan with your doctor that stipulates the importance of using the FMLA, you will need to approach your HR department. The people who work in human resources will have experience navigating the FMLA process and may be able to answer questions about how it works at your specific workplace.

When you make your request to HR, include a few key pieces of information.

• State clearly that you are requesting FMLA.

• Let them know the number of weeks of unpaid leave you will be taking.

• Specify the date that the leave will begin.

• You do have to disclose the medical condition leading you to request leave. While you do not need to give details, you will often need to provide enough information to demonstrate that this serious medical condition impacts your ability to work. As mentioned above, you do not have to provide your medical records to qualify for this sick leave policy. You only need certification from your doctor if requested.

• You can also make it known that an HR representative can reach you with any questions. In many workplaces, the representative will reach out for some type of documentation about your condition and its impact on your ability to work.

For example, your requisition may read like:

“Good morning. I am requesting FMLA leave for treatment due to a mental health condition. I will need to begin this leave on February 1, 2023. I will be out for three weeks. Please let me know if you have any questions.”

Once you request your leave, they have five days to get back to you. They may request additional information during this time.

In addition to speaking with HR, make sure your employer knows about your impending leave. Your workplace may also require that they receive 30 days' notice. Therefore, after you begin the process with HR, it is also a good idea to begin the process of notifying your employer.

Depending upon your workplace culture or your relationship with your manager, you may wish to let them know in person before you submit some written documentation. If you start by speaking to them in person, follow up with an, “As per our conversation...” email to document that you have provided them with notice within the required timeframe.

Once you successfully secure health leave from work, make the most of your time off. You should have developed a treatment plan with your doctor before beginning your leave, and now is the time to put this plan into action.

As you take some time for your healing, practicing some self-care can go a long way. Consider the following:

• Establishing an exercise routine

• Making sure your diet prioritizes whole, healthy foods

• Getting plenty of sleep at night

• Looking for opportunities to laugh and spend time with those you love

Before you return to work, make sure you have healthy coping mechanisms in place to help you manage your depression so that you can work successfully. To have qualified for FMLA, your depression and its treatment interfered with your ability to perform your job. Therefore make sure that you work closely with professionals to return to work in a healthier mental space.

The professional you work with can help you with therapy, balancing medication, securing ongoing treatment, and securing inpatient care if needed during your leave of absence. Spend your time out of work dedicating yourself to improving your mental health.

Before you return to work, discuss with your therapist the types of changes you need to make in your personal and professional lives to better care for your mental well-being. The changes you make might be small, such as establishing better routines to care for your body, or they may require major overhauls — such as changing jobs to get out of a toxic environment.

As you go through your FMLA, work with your therapist to create an action plan before returning to work. Know which changes need to be made, work on establishing your routines before the first day back, and know the steps you will follow as you prepare to reenter your position.

For some people who have taken FMLA for depression and other mental health struggles, the time off only amplifies the impact their work culture can have on mental well-being. Therefore, many people realize during their leave that they want to find a better job in a low-stress environment or a better company culture.

If you are going to start your job search after your FMLA, you can easily get started with Joblist. Our quiz will help us better understand the types of positions you want to find, and we will deliver personalized job postings right to you. Get started finding the perfect job for you right now.

• Taking FMLA Leave To Treat Depression: What You Need To Know | The Spiggle Law Firm

• Taking FMLA Leave To Treat Depression: What You Need To Know - Swartz-Swidler

• Keys to FMLA, ADA Compliance for Mental Health Are Communication, Flexibility

• Legal How-To: Requesting FMLA Leave From Your Employer - FindLaw

• Mental Health in the Workplace