Yes, You Can Use the Family and Medical Leave Act for Mental Health—Here’s How

Learn about how the Family and Medical Leave Act’s (FMLA) works and the advantages of using it for mental healthcare.

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Experiencing a mental health condition, whether it’s severe anxiety, an eating disorder, or something else, can be incredibly challenging. Understanding and coping with mental health conditions is even harder when balancing work stressors. While not a perfect system by any means, there is an option for individuals living with mental health disorders or chronic conditions to take extended time off work and keep their jobs. 

The Family and Medical Leave Act (FMLA) provides protections for certain employees who are experiencing severe mental health symptoms or have a family member who currently is. Here’s what you need to know about using the FMLA for mental health and how it can benefit you and a loved one. 

What is the Family and Medical Leave Act (FMLA)?

Understanding FMLA leave means looking at exactly what the law offers. The act, which was enacted in 1993, allows employees to take up to 12 weeks of unpaid leave and maintain their health benefits. When the time is up, an employer must give the individual their same position back or a job of equal pay and responsibilities. It applies to a medical condition under either physical or mental health, but there are a few qualifications a person and their company need to meet. 

Here are the key components to know about FMLA:

1. Eligibility requirements 

According to the US Department of Labor Wage and Hour Division, employees must have worked for their employer for a minimum of 12 months and 1,250 hours. They must also have worked in a space where at least 50 employees are working within 75 miles. Individuals might also need to show proof of a mental health disorder and, possibly, of ongoing medical treatment from a doctor. They should also aim to give 30 days’ notice when possible. 

2. Employer responsibilities

Private employees must operate under the FMLA if they have at least 50 employees working over 20-plus workweeks in the previous or current calendar year. Public and government agencies, along with schools, are all covered by the FMLA. 

3. Mental health conditions covered

Individuals can take covered FMLA leave if they, a spouse, child, or parent, experience a serious mental health condition. This definition means that the individual is either experiencing inpatient care or receiving continuing treatment from a health care provider. The former might include overnight stays at substance use or eating disorder treatment centers, for example. Continuing treatment might mean regular appointments with a mental health provider, follow-up care, or support for a chronic condition that incapacitates the individual a minimum of twice a year. 

Why should you take mental health leave? 

Mental health leave can be critical for individuals who are experiencing a serious mental health condition or caring for a loved one with a mental health concern. It provides them a break from the stressors and time commitment of work to focus on getting better or providing support. Below, we discuss the advantages of using the FMLA for mental health. 

As Charlie Health Licensed Creative Arts Therapist Courtney Way, MA, LCAT, puts it, “By acknowledging mental health, the FMLA provides validation and support towards mental health and acknowledging it is just as important as physical health, which helps reduce the stigma surrounding getting the help they deserve.” 

1. Advantages of using FMLA leave as an individual

Whether work is the main cause of stress, aggravating it, or just taking time away from healing, FMLA leave from a person’s job can give them space to boost their mental health. Mental health disorders like anxiety, depression, bipolar disorder, and post-traumatic stress disorder (PTSD), to name a few, can be debilitating, says Way. Experiencing them can make things feel incredibly challenging, and having to deal with work while struggling so much can add to symptoms like inadequacy and fear. 

Taking time off allows a person to do self-care, explore treatment options, go to therapy, or meet with a healthcare provider. “It can also prevent burnout or crisis from happening as they have the dedicated time and care to address issues that may escalate early,” says Way. “Having time off to heal also improves productivity in the long run, as they are able to take time to support themselves and upon returning to work are able to focus more on tasks related to work.” 

2. Advantages of using FMLA leave as a caregiver

Caring for someone who is experiencing a debilitating mental health medical condition is such an important role, but it can also be an immense challenge. A person who tries to maintain a full-time job and be there for a family member in such an extensive manner can experience their own mental health struggles. 

But, having a break from work through the FMLA allows them more time and energy to focus on the situation at hand. “Taking time off from work provides an opportunity for the caregiver to emotionally process the situation and care for their own mental well-being also,” says Charlie Health Group Facilitator Chris Hinton, MS, M.Ed., LPC, CLC, CTP. “A well-rounded caregiver is better equipped to offer support, and a balanced, well-rested caregiver is more effective in providing meaningful care.”

Other benefits include stronger familial relationships and preventing burnout, says Hinton. “FMLA protections help reduce the stress of balancing caregiving with work responsibilities, ensuring that the caregiver can focus fully on helping their loved one without sacrificing their own stability or well-being,” she adds. 

Hinton also notes that it could help with the individual’s recovery. Knowing they have the support of a close family member can be a source of comfort and reduce their stress.  

Way seconds this: “It can create a supportive environment for recovery and healing during mental health treatment, which creates the presence of community and support for your loved one, often improving care.”

How Charlie Health can help

If you or a loved one are struggling with a chronic condition or severe mental health disorder, Charlie Health is here to help. Charlie Health’s virtual Intensive Outpatient Program (IOP) offers more than once weekly support to people dealing with serious mental health conditions like severe anxiety, depression, bipolar disorder, and more. Our expert mental health providers are here to offer support for long-term healing. Fill out the form below or give us a call to start healing today.