June 2022: DOL Issues Guidance on FMLA and Mental Health Conditions

Update Applicable to:
All employers

What happened?
The Wage and Hour Division of the U.S Department of Labor (DOL) has released new resources on workers’ rights to leave for mental health conditions under the federal Family and Medical Leave Act (FMLA).

What are the details?
Employers are required to provide an eligible employee FMLA leave for their own serious health condition or to care for a spouse, child, or parent because of their serious health condition.

The new resources make clear that mental health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a healthcare 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.

The FAQs provide additional examples of situations that qualify for FMLA leave, including treatment sessions for anorexia nervosa and caring for an adult child with a mental health condition that meets the definition of disability under the Americans with Disabilities Act.

For more information, please see the links below:

Family and Medical Leave Act (FMLA)

Fact Sheet #28O: Mental Health Conditions and the FMLA

FMLA Mental Health Provisions FAQs

What do employers need to do?
Employers should review the links provided above and ensure that their management team is fully aware of these resources provided by the DOL.