Unlocking the Potential of FMLA for Mental Health

Clinically Reviewed
A formal portrait of The Haven Detox clinical director, Dr. Ignatov

Dr. Rostislav Ignatov, MD

Chief Medical Officer

Work can sometimes become a rowdy atmosphere leading to anxiety, stress, depression, or other diseases affecting mental and physical health.

If you’re having trouble dealing with stress, you don’t have to give up and quit your job. United States employees who need emotional self-care and mental well-being support have options.

The Family Medical Leave Act (FMLA) is one such option. FMLA is a federal law that allows eligible employees to take unpaid time off for specific reasons without risking losing their job. One of these reasons is a mental health condition.

This article will smash the potential overview of the FMLA and what conditions qualify for it.
 

Key Takeaways

Work can sometimes become unmanageable due to the demands of pressures around us. FMLA permits eligible employees to take unpaid time off for valid reasons without losing their jobs.

  • FMLA provides workers with up to 12 weeks of unpaid leave per year.
  • FMLA conditions require continuing treatment or inpatient care by a healthcare provider.
  • You can take legal action or submit a complaint to the U.S. Department of Labor if an employer violates your rights.
  • FMLA assistance can help reduce the stigma linked with mental conditions in the workplace.
  • You can get FMLA for anxiety if it qualifies as a serious health condition requiring ongoing treatment or inpatient care by a healthcare provider.

To be eligible for FMLA, you must work for an employer covered by FMLA and have worked for the employer for at least 12 months.

 

FMLA and Mental Health: Rights, Conditions, and How to Apply

 

The Family Medical Leave Act

 

FMLA was created in 1993 to help employees balance their work and family duties. It provides qualified employees with up to twelve weeks of unpaid annual leave for specific family and medical reasons.

Private employers must allow qualified employees to take time off for qualifying causes without fear of the job or health insurance.

Financial loss can lead to substance abuse and can harm your daily activities. That is why FMLA is considered an employee’s need.

To be eligible for FMLA, you must work for an employer covered by FMLA and have worked for the employer for at least 12 months. You must have served at least 1,250 hours for them in the 12 months before taking leave for consecutive days.

In addition, the employer must have at least 50 people working within 75 miles of your employment.

 

Qualified Mental Health Conditions for FMLA

FMLA allows eligible employees to take time off for a serious health condition. That includes mental health concerns that meet specific criteria.

Serious mental health issues must have different requirements to qualify:

  • Be diagnosed by a health care provider as a mental illness under the Diagnostic and Statistical Manual of Mental Disorders (DSM).
  • A diagnosis of “incapacity,” meaning you cannot perform the vital roles of your job.
  • Require continuing treatment or inpatient care by a healthcare provider.

Examples of mental health issues that may qualify for FMLA include:

  • Major depression (major depressive disorder) Anxiety disorders (panic disorder, chronic conditions, or obsessive-compulsive disorder)
  • Panic Attacks
  • Bipolar disorder
  • Post-traumatic stress disorder (PTSD)
  • Schizophrenia
FMLA can help employees manage serious mental health conditions like anxiety, depression,
and panic attacks by providing protected time off for treatment and recovery when certified by a healthcare provider.

 

Requesting FMLA leave for Mental Health

When you want to have FMLA leave request for mental health, try to remember the following:

  • You must follow some procedures for requesting time off.
  • You may need to provide a certification from your healthcare provider that confirms your mental health condition and the need for time off.
  • Your employer may also require periodic updates from your healthcare provider to verify that you are still unable to work.

It’s important to note that FMLA only provides unpaid leave. However, you can use a paid break, such as sick or vacation time, to cover some or all of your FMLA leave.

Updated
November 19, 2025

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