FMLA and Mental Health

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. But did you know that this includes job-protected leave to address mental health conditions? Not only does this regard the employee’s own health condition, but also taking care of a spouse, child or parent with a serious health condition. An eligible employee may take up to 12 workweeks of leave for their own serious health condition that makes the employee unable to perform their essential job duties. Leave may also be taken to provide care for a spouse, child, or parent who is unable to work or perform other regular daily activities because of a serious health condition. Providing care includes providing psychological comfort and reassurance that would be beneficial to a family member with a serious health condition who is receiving inpatient or home care. FMLA leave for the care of a child with a serious health condition is generally limited to providing care for a child under the age of 18. Click here to read more from the US Department of Labor – Wage and Hour Division.

If you or your company have questions or a legal matter related to FMLA, mental health at work, employment or labor law issues, please contact Anderson Jones Attorneys by email or phone at (919) 277-2541.