FMLA for Mental Health: Complete Guide
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying medical and family reasons—including mental health conditions.
What is FMLA?
FMLA is a federal law that allows eligible employees to take unpaid leave for:
Does FMLA Cover Mental Health Conditions?
Yes. Mental health conditions can qualify for FMLA leave if they meet the criteria for a "serious health condition." This includes:
Eligibility Requirements
To be eligible for FMLA leave, you must:
How to Apply for FMLA for Mental Health
Step 1: Notify Your Employer
Inform your employer that you need FMLA leave. You don't have to disclose your specific diagnosis, but you must indicate that it's for a serious health condition.
Step 2: Obtain Certification
Your employer will provide FMLA certification forms (WH-380-E for your own condition). You'll need a healthcare provider to complete these forms.
Step 3: Submit Documentation
Return the completed certification to your employer within 15 calendar days. Your employer must respond within 5 business days.
Who Can Complete FMLA Paperwork?
Licensed healthcare providers who can complete FMLA certification include:
Many therapists and counselors do not complete FMLA paperwork due to time constraints or practice policies. If your current provider doesn't offer this service, you may need to seek an independent evaluation.
Intermittent vs. Continuous Leave
Continuous Leave: Taking a block of time off (e.g., 6 weeks for intensive treatment)
Intermittent Leave: Taking leave in separate blocks of time or reducing your work schedule (e.g., one day per week for therapy appointments or as needed during symptom flare-ups)
Protecting Your Rights
Need FMLA Documentation?
If you need an evaluation and documentation for FMLA leave, we can help. Our licensed psychologists provide comprehensive evaluations with fast turnaround.