How To Request A Leave Or FMLA For Mental Health
Sometimes the demands from anxiety, depression, stress, or other mental health and physical health conditions can make work an overwhelming place. You don't have to give up and walk away from your job if you're having a difficult time coping. There are options for employees who need to care for their mental health and emotional health. The Family and Medical Leave Act (FMLA) is one of the most popular choices, but it isn't the only one. Others can include online therapy, your employer's EAP, short-term disability, ADA accommodations, and more.
What Is FMLA?
FMLA is a law that allows employees who need to care for themselves or a family 12 weeks of unpaid leave from work. Although you will not receive a paycheck for the time you are away and may have to pay health insurance premiums out-of-pocket, the law ensures your employer will keep your job until you return. This means you cannot be fired, laid off, or have your position taken away from you because of your absence. If for some reason, your job is not available at the end of the FMLA period, your employer must find you one within the equivalent company.
The law only permits the use of FMLA in certain situations. These include:
The birth of a new baby (time also may be used for pregnancy-related complications)
Adoption or foster care placement of a child who will live with the employee
Care for an immediate family with a serious illness
Care for serious personal illness
A serious health condition is defined as one that renders someone incapable of working, going to school, or performing other day-to-day activities. Routine examinations, treatment for illness (unless it meets the criteria above), acute health issues, and cosmetic procedures do not qualify. Complications from an acute illness or other procedure may be eligible for the Family Medical Leave Act if they cause an employee to be unable to work.
FMLA Availability
FMLA is not available to all employees. There are a few qualifying factors that make someone eligible for it. Employees must:
Work at their place of employment for 12+ months
Accrue 1,250 hours of work in the past year
Work for a company that has more than 50 employees
As you can see, FMLA doesn't cover everyone. There may be a condition under FMLA that disqualifies you from being eligible. New employees, part-time or temporary staff, and small business workers are excluded. In many cases, there are other options available for those who need time away. These other opportunities that come with FMLA and should be used with caution. Employers offer you the same availability for FMLA.
FMLA Options For Stress
In some cases, FMLA can cover stress, stress-related conditions, major life activities, and other mental health issues. FMLA can defend those going through extreme stress or mental illness if symptoms impact their ability to function, providing critical health benefits. Just as FMLA cannot defend someone who is experiencing the common cold, it cannot be used for mild to moderate cases of anxiety, depression, stress, or other psychological issues. You must show that your mental health symptoms prevent you from working.
Application Process
The process to get FMLA is fairly simple. The US Department of Labor provides all the information you need here. In most cases, you simply need to make your employer aware that you have a qualifying situation, and your human resources department will walk you through any paperwork or procedures they require for a formal request. If you believe that you’re unable to work due to stress-related conditions, make an appointment with your doctor or a mental health professional to discuss your options.
For planned leaves that will be covered by FMLA, you should let your employer know 30 days in advance if possible. For unplanned leaves, alert your employer as soon as you can. You do not have to tell specific details with anyone about your leave request (such as providing them with a diagnosis). However, you will want to give them enough information about the situation to show them it qualifies for FMLA.
Once you submit a request, your human resources department will look at the details, ask clarifying questions, and use any additional information you offer to approve or deny your leave. Your employer has five days from your initial request to decide. If you are denied, the employer must provide at least one reason why.
Your employer may want proof of any medical claims so they can understand the medical reasons behind the leave. Without this proof, your request may be denied. Your employer can ask for details such as how long you are expected to be away from work due to your health condition or information about symptoms, doctors' visits, and treatments. These details are for human resources use only. Be careful not to provide more than what is asked for. Avoid sending sensitive details to co-workers, direct supervisors, or your management team.
If you do not qualify for FMLA for stress, either because you do not meet the requirements or do not work with a company that offers the benefit, there are other options you can explore.
ADA Accommodations
ADA, or the Americans with Disabilities Act, is a law that defends every worker no matter how long they have been in their position or their full-time status. It allows workers to request reasonable accommodations that make doing their job easier if they have a disability. ADA covers stress and mental illness if something about the work environment and amount of stress prevents the employee from doing their job well. There are no strict medical requirements like FMLA, but you may need a note from your doctor to get approval for any accommodations you need.
Typically, an ADA claim will not allow you to take time away from work due to stress-related conditions such as the rights under FMLA. The purpose of it is to give you what you need to do your job well onsite. However, you may be able to request extended lunches or breaks or a change in your work environment or schedule to better cope with your symptoms. For many, this can be as helpful as taking time away from work. If your request requires you to be away from your job, for example, to attend visits with a therapist, you will likely have to use options like your vacation time to cover your absence.
If you don't qualify for FMLA or ADA, consider taking leave. This option is like FMLA in that you can take unpaid time away from work, but it doesn't come with any of the FMLA offers. Unprotected leave is a risk because you may be terminated at any time you are away. However, if there is no other option for a stress leave at work, negotiating terms of leave with your employer is better than continuing to harm your mental health. If you want to know more about your case at a specific company, an attorney, lawyer, and other court services can help you better understand your rights.
Short-Term Disability
Your employer may offer short-term disability. This benefit allows you to continue receiving a percentage of your income while you recover from a disability. Unfortunately, many companies do not let employees use their short-term disability for mental or behavioral health issues. If your company is one of the few that does, read your policy carefully. There may be certain requirements you must meet or diagnoses you must prove to take advantage of the benefits. There are some instances where FMLA allows eligible employees to also benefit from short-term disability. If short-term disability isn't a possibility for you, check the details of some of the other benefits you are paying into to see if you might be covered elsewhere.
Employee Assistance Programs
If the effects of stress or another mental health condition are getting the best of you at work, check your employee handbook. Some companies offer programs geared toward improving the mental health of their workers like the Employee Assistance Program (EAP). The EAP helps workers receive mental health counseling for free to address personal problems happening at home or work. Some EAPs offer group classes in yoga, meditation, or resiliency or host workshops to improve overall well-being. These programs see success in mental health experience both with professional things and accommodations, as well as personal next steps. Again, contacting lawyers or attorneys about this program, to either get advice or guidance on the next step for you can help learn the forms and party requirements. There are also additional article and content types that dive into certification, and injury laws, and notice additional small factors in these programs.
Vacation
If you need time away from the office and aren't comfortable talking about your medical details with those you work with, consider using your vacation time to recharge. A paid vacation will allow you to keep earning money while taking some important self-care time for you. Many companies allow employees to have vacation time with those who are experiencing hardship or health issues. You may be able to ask for additional hours through an assistance program like this. If you want to use your vacation time as a stress leave at work, remember that you don’t have to go anywhere. Stress can negatively affect your body and sometimes just changing up your routine and making time to relax can help.
BetterHelp Takeaway
If your options for taking time away from work are limited, you may have to find ways you can cope with your symptoms while you're there. For many, talk therapy is a good place to start. Consider reaching out to a licensed mental health counselor, like those at BetterHelp. Counselors can help you work through difficult emotions, change how you think about challenges in your life, and help you build skills for a better tomorrow. You might not be able to escape work, but you don't have to be burdened by dealing with your problems alone.
It's hard to be a good employee when you're dealing with extreme stress or other mental health conditions. Fortunately, FMLA allow employees to take the time they need to care for themselves. For employees who don't meet the requirements to get FMLA, other options are often available. The most important thing to remember is that if you don't prioritize your well-being, you will struggle to do your best in the workplace.
Takeaway
The demands of a workplace can vary, but there are options such as the Family and Medical Leave Act (FMLA) that can support you if you’re experiencing physical or mental conditions that are impacting your work performance.
Frequently Asked Questions (FAQs)
How Do I Get FMLA Due To Stress?
Some people may not realize they can take leave from work for stress. FMLA has specific guidelines when you file for stress leave. A leave of absence related to stress, or stress leave, depends on the cause or medical condition. You may be eligible for stress leave depending on the severity of your symptoms and whether they affect your ability to work.
You may qualify to take up to 60 days off for stress leave within a year. Sometimes taking a stress leave is necessary when your work performance is affected. Sometimes a person may feel depressed or burned out and not realize they may qualify to receive an FMLA leave for stress-related reasons. Using FMLA defends your employment while you’re away.
Can You Get FMLA For Stress?
FMLA provides leave for mental health concerns considered a serious medical condition. The program is often used for maternity leave or when you need to take a medical absence from work. Taking a leave of absence for mental health concerns is common. FMLA leave for mental health is possible for situations such as stress leave or other related conditions, but there are guidelines to meet to qualify. One out on stress leave may consider learning about home jobs available to earn income. Keep in mind, that you may or may not be allowed to work from home depending on the rules of your employer and your state.
Can I Take Time Off Work For Stress?
FMLA allows qualifying employees up 12 weeks of unpaid leave per year. It is a leave that defends your job during your absence from work. It also helps maintain employee benefits during your leave. You may qualify to request a stress leave through FMLA leave if your situation meets the requirements. You’ll need to learn through your employer what conditions qualify for a leave of absence regarding stress leave. It applies to circumstances when stress leave includes hospitalization, specialized medical treatment, or chronic situations related to stress.
Will My Doctor Give Me A Sick Note For Stress?
Most doctors provide documentation for individuals to submit to their employers for stress leave. If you are seeking stress leave from work, you may be required to provide documentation after being off from work for a specific number of days or a month in advance. It’s important, to be honest with your symptoms when talking with your doctor. It helps determine qualifications and how FMLA applies. Some employers require you to provide documentation before taking a leave of absence or stress leave. The doctor’s note may offer details on why you’re on stress leave and when you’ll return to work.
Are Stress And Anxiety Covered Under FMLA?
You may qualify for stress leave, or related conditions under FMLA leave if you have a form of anxiety that worsens with stress. It may also depend on what an employee is entitled to under employment law rules. If taking a stress leave from work is something you’re considering, contact your employer’s human resources department to learn more about FMLA leave. If you are unable to take a leave from work through FMLA leave or stress leave, you may qualify for support through your employee benefits such as taking a personal leave. You may also be eligible for unpaid leave, depending on company policy.
Can You Get A Short-Term Disability For Anxiety And Depression?
In some cases, a leave of absence may include filing a short-term disability claim. It may not be possible to obtain short-term disability for anxiety and depression under specific circumstances. Sometimes stress leave may not be qualified for short-term disability, but anxiety or depression could qualify for leave under the FMLA depending on circumstances. If depression or anxiety is a concern, you could be eligible for income assistance such as unemployment compensation or disability insurance via social security. Review labor law rules with a legal representative or contact your employer’s human resources department.
Can I Take FMLA For Anxiety?
Talking about a leave of absence for anxiety through FMLA is an option for eligible employees. Like taking stress leave from work, you’ll need to review guidelines and eligibility for FMLA leave for related conditions. As a stress-related condition, it may include meeting similar qualifications for stress leave, unless you have an anxiety disorder. It’s important to understand how to qualify, the amount of time off you can take, and what happens upon your return to work.
What Mental Health Conditions Are Covered Under FMLA?
A leave of absence or stress leave is possible for mental health concerns, including major depression, post-traumatic stress disorder (PTSD), and others. Like stress leave, you’ll need to meet qualifications to take a leave from work for such conditions. In some cases, you may not qualify for FMLA leave for stress-related conditions depending on the size of your employer, state laws, and what FMLA requires.
Is Mental Breakdown Covered Under FMLA?
Taking FMLA may cover those experiencing a mental breakdown. Like other scenarios related to a mental health event, you'll want to take a closer look at the eligibility and guidelines for information specific to what you are experiencing. Having job leave to navigate through a particularly challenging time in life has benefited many. Your employer's HR team can also provide more information specific to the requested leave you are seeking. It's worth noting that the regular availability restrictions for FMLA still apply: you must have worked at the same employer for 12+ months, have worked 1,250 hours in the past year, and work at a company with 50+ employees.
Can You Be Fired For Missing Work Due To Mental Illness?
In short, you cannot be fired as you would be under federal law with The Americans with Disabilities Act (ADA). The ADA covers mental illnesses like depression and anxiety.
How Do I Get Off Work For Mental Health?
You may be able to qualify for FMLA leave for a mental health issue. FMLA is one of a few legal action workers have when they are facing a major life crossroads, whether for mental or physical health. FMLA could cover something like an anxiety attack, but it has to be more pervasive than a one-off event.
How Long Should You Stay Off Work With Depression?
The answer to this question will vary greatly based on the person. But FMLA can provide eligible employees up to 12 weeks of leave to manage medical or family emergencies.
What is Military Family Leave?
Families of people in the US military have a specialized type of leave under FMLA. Similar to FMLA, it can provide up to 12 weeks of unpaid leave over 12 months for any situations that arise when the employee's spouse, son, daughter, or parent has been alerted of an impending call or order to covered active duty.
Contact BetterHelp
For more information on where to find a therapist or information on FMLA and the impact on your organization, team, or business, reach out to contact@betterhelp.com. Also find us on LinkedIn, Twitter, Instagram, Facebook & YouTube.
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