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The Family and Medical Leave Act (FMLA) protects workers who need extended time off to care for a sick loved one or for their own mental or physical health. While recovering from surgery is an obvious reason to provide FMLA, mental health leave is a tricky area for many human resources (HR) departments. Mental health conditions that require ongoing or extensive treatment may be covered under FMLA.
Eligibility determination
The U.S. Department of Labor has released a fact sheet addressing questions about using FMLA while undergoing treatment for a mental illness. The fact sheet defines covered employees as those who have worked at least 1,250 hours for the same company in the past 12 months. Employers must also have 50 or more employees.
People who qualify for FMLA can receive it for their own health condition or to care for an immediate family member such as a spouse, child, parent, etc. If your mental illness requires inpatient treatment or ongoing care, you are likely eligible.
Confirm the need
Staff can request time off or specifically request time off, but may need to provide a certification from a medical provider before the employer can determine if the request qualifies for FMLA. HR must give 15 days to prepare the paperwork. Employers can ask for a certification from a medical provider, but team members should only provide the necessary information about the procedure and details about the condition.
Encourage employees to use FMLA
The mental health crisis in the young adult population continues to grow. Most students have one or more mental health disorders, and rates of anxiety and depression are higher than ever. As these new graduates join the workforce, they may struggle with the transition from school to work.
Encourage all employees, not just junior ones, to take FMLA leave when needed. Some companies offer paid time off for health conditions or emergencies. Pay what your company can afford, but be generous in providing additional unpaid time off when needed.
Split your vacation period
People seeking treatment for mental illness may need intermittent periods of treatment, and allowing them to receive FMLA benefits intermittently can help them recover and feel supported.
For example, you might be in the hospital for a few weeks, return to work, then take another week off for treatment or vacation. Accept the 12 weeks off in whatever combination works best for your health.
Show empathy
Nearly 65% of employees expect their leaders to show emotion. When HR or managers listen and try to understand employees’ concerns, employees feel appreciated and heard. While FMLA has limitations, showing empathy creates an opportunity to resolve issues and find solutions that work for the employee and the company.
By being compassionate and putting yourself in their shoes, you’ll gain loyal staff who will stick with you through tough times — they’ll know that their skills are valued and that you see them as individuals.
Protect your job
To comply with FMLA, employers must provide up to 12 weeks of FMLA per year, maintain benefits, and offer the same or similar duties when the employee returns. If an employee is taking several months off to weather a health crisis, supplement the employee’s workload with temporary solutions: pay another colleague overtime, assign work to an intern, or hire a temporary team member to fill the gap.
Unless it’s extremely detrimental to your business, you should refrain from advertising jobs to fill positions during the leave. FMLA requires that you return to the same, or nearly the same, position upon return. It’s easiest for your brand to just fill the position and secure it rather than having to find work for the employee.
How to Respond When an Employee Requests FMLA for Mental Health
Many workers worry they’ll be fired for needing FMLA or mental health treatment, especially in states with at-will employment. Let them know you care about their health, and be kind to them. People battling depression or anxiety may already be at their breaking point, and if their boss berates them or makes them feel guilty, it will only make the situation worse.
Covering extra workload may be stressful in the short term, but in the long run it will improve employees’ mental health and allow them to better manage their daily tasks. Companies should do their best to comply with the FMLA so that employees do not hesitate to take time off when they need it.
Eleanor Hex is a business and recruiting writer and researcher passionate about sharing wellness resources with the small business community. She serves as Editor-in-Chief of Designerly Magazine and as a staff writer for publications such as HR.com, eLearning Industry, and Training Industry.
