How to Take a Mental Health Leave of Absence From Work Using FMLA

What Is FMLA and How Does it Work?

FMLA is a federal act that entitles employees of “covered employers” to take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.¹ An employee can take this leave while maintaining their group health insurance coverage under the same terms and conditions as if they had not taken the leave.¹

A covered employer is defined as one with 50 or more employees within a 75-mile radius.² This includes public agencies, local education agencies (such as schools), and private-sector employers that have employed 50 or more people for a minimum of 20 workweeks in the current or previous calendar year.¹ It also includes joint employers and successors of covered employers.²

A qualifying reason/condition includes the following:²

• A serious physical or mental health condition.
• To care for a family member with a serious health condition.
• For the birth, adoption, or foster care placement of a child.
• For situations that arise because the employee’s spouse, son, daughter, or parent is on active duty or has been called to active duty in the National Guard, Reserves, or Regular Armed Forces.

Does Mental Health Qualify for FMLA?

Yes, mental health conditions qualify for FMLA, but only under certain conditions. FMLA for mental health reasons requires that the mental health condition meet one or more of the requirements for a serious mental health condition.²  This means that:²

• Your condition requires inpatient care.
• You require treatment by a healthcare provider at least twice a year, and your condition recurs over an extended period.²
• Your condition incapacitates you for more than 3 consecutive days, and you require continuing treatment by a healthcare provider.²
• Your condition is a chronic, serious health condition that causes periods where you are incapacitated.²
• You are pregnant; FMLA also includes time for prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest.²

How to Request FMLA for Depression, Anxiety, and Other Conditions

Caring for your mental health is important. If you’re wondering how to get FMLA for depression and anxiety or want to request FMLA from your employer for another mental health reason, follow the steps listed below.

Step 1: Understand Your Eligibility

Before requesting FMLA, you should understand the eligibility requirements. You must:²

• Work for a covered employer.
• Have worked for your employer for 1,250 hours, excluding paid time off (PTO) or other leave, in the 12 months leading up to leave.
• Have worked for your employer for 12 months or more.
• Work at a location where the employer has 50 or more employees within 75 miles.

Step 2: Talk to Your Healthcare Provider

To receive FMLA leave, your employer may require you to submit a medical certification completed by your healthcare provider that attests to your serious condition and need for leave.² Your employer has to give you at least 15 days to obtain this certification.²

The certification form provides the necessary information that demonstrates your need for leave due to a serious health condition.² It should contain sufficient medical information that establishes that you have a serious condition and require time off for this reason.² Your provider may provide information such as symptoms or a treatment regimen.⁴

When approaching your therapist or doctor, you should inform them of your intent to use FMLA for your condition and direct them to the FMLA website for healthcare providers if necessary. This can help them understand what information to provide and the steps they can take to support your request.

Step 3: Notify Your Employer

Talking to your employer about your need for FMLA might not be easy, so there are a few things to consider beforehand.

• Try to give your employer as much notice as possible (ideally 30 days). You don’t need to say that it is for FMLA, but you need to give enough information so that they know it is for an FMLA-qualifying reason.⁵  The specific information you provide can vary depending on your situation.⁵ An example would be, “I saw my doctor today, and I need leave for weekly therapy treatment and recovery for the next six weeks.”
• You might ask about paid leave. FMLA is unpaid leave, so your employer can require you to use sick time or vacation time.⁵
• You only need to provide medical certification about your health condition.⁵ 
• You don’t have to tell your employer your diagnosis.⁵
• You don’t have to provide a medical history.⁵
• You don’t have to sign a medical waiver.⁵

Common Concerns: Can You Be Fired for Taking FMLA?

No. You cannot be fired for taking FMLA.⁶ However, it’s important to note that only covered employers are required by law to grant FMLA leave. 

How Long Can You Take a Mental Health Leave Under FMLA?

FMLA involves up to 12 weeks of unpaid leave in 12 months, but it cannot exceed 12 weeks.¹  You can also take intermittent FMLA for mental health, which means that you do not have to take this leave all at once, but you can use it intermittently, meaning you take separate blocks of time off, or on a reduced leave schedule, meaning that your normal daily or work schedule is reduced.²

What Happens After FMLA Ends?

Once FMLA leave ends, the law requires that your employer allows you to return to the same or equivalent job you had before you left.² 

Taking the First Steps Toward Better Mental Health

Caring for your mental health is just as important as taking care of your physical health. If you or a loved one are struggling, it’s important to know that benefits like FMLA can provide you with time off from work to seek treatment. American Addiction Centers’ primary mental health center at River Oaks Treatment Center can help people with significant psychiatric symptoms without an addiction heal and take necessary steps toward improving their lives.

Please call us at to speak to a compassionate admissions navigator about our program, ask any questions you may have about treatment, and get started on your path to recovery today.