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The Department of Labor has released new resources on workers’ rights to leave under the federal Family and Medical Leave Act (FMLA) for mental health conditions. The new guidance includes a fact sheet and frequently asked questions.
Eligible employees can take FMLA leave for their own serious health condition or to care for a spouse, child, or parent and their serious health condition. Mental health conditions are considered serious health conditions under FMLA if they require inpatient care or continuing treatment by a healthcare provider. Anxiety, depression, or dissociative disorders that require treatment at least twice a year and cause incapacitated periods, fall under the “continuing treatment” definition.
Employers may not retaliate against employees if they take FMLA leave for mental health reasons. Download the bulletin for more details.