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An eligible employee may take leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition or to care for a spouse, child or parent because of their serious health condition.
The U.S. Department of Labor (DOL) published answers to frequently asked questions (FAQs) about FMLA leave for mental health reasons. This guidance makes clear that mental health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a health care provider, such as an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist. Chronic conditions such as anxiety, depression or dissociative disorders that cause occasional incapacitated periods and require treatment at least twice a year fall under the “continuing treatment” definition.
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