What employers need to know about FMLA use for mental health
Those eligible for FMLA can take it for their personal health condition or to care for immediate family, such as a spouse, child or parent.
The Family Medical Leave Act (FMLA) protects workers needing extended time off to care for an ill loved one or their own mental and physical wellbeing. While someone recovering from surgery is an apparent reason for offering FMLA, time off for mental health can be a less clear area to navigate for many human resources (HR) departments. Mental health conditions requiring ongoing or extensive treatment may fall under the FMLA.
Determine eligibility
The U.S. Department of Labor released a fact sheet to address questions about using FMLA while treating a mental health condition. It defines an eligible employee as one who has worked a minimum of 1,250 hours for the same company during the past twelve months. The employer must also have 50 or more workers.
Those eligible for FMLA can take it for their personal health condition or to care for immediate family, such as a spouse, child or parent. When mental health requires inpatient care or ongoing treatment, the person likely qualifies.
Verify the need
Staff can ask for time off or request leave specifically. However, for an employer to determine if the request falls under FMLA, they may need to provide certification from their health care provider. HR must give the person 15 days to secure paperwork. Employers can ask for a statement from the provider, but the team member only has to supply what they want as far as details about their procedures or condition.
Encourage employees to take FMLA
A mental health crisis continues to rise in the young adult population. Most students have one or more mental health conditions, and anxiety and depression rates are higher than ever. As these new graduates enter your workforce, they may struggle to transition from school to work.
Encourage your younger workers, as well as all employees, to take FMLA if they need it. Some enterprises offer paid time off in case of health conditions or emergencies. Pay for as much as your business can afford, but be generous with extra unpaid time when necessary.
Divide leave periods
People seeking treatment for mental health may require intermittent periods of treatment. Allowing them to take their FMLA in spurts can help them get better and feel supported.
For example, they might go to an inpatient facility for several weeks, return to work, and take another week off for additional treatment or a break. Be open to them taking the 12 weeks off in a combination that works best for their health.
Show empathy
Nearly 65% of employees want their leaders to show emotions. When HR and managers listen and try to understand a worker’s struggles, the person will feel appreciated and heard. While FMLA does have limitations, when you show empathy, you offer an opportunity to work through problems and find a solution that works for the employee and the firm.
When you care and try to put yourself in the other person’s shoes, you’ll gain loyal staff who stick with you through difficult times. They will see managers value their skills and view them as an individual.
Protect their job
To comply with FMLA, employers must offer up to 12 weeks of FMLA per year, keep benefits in place and offer the same or similar job when the person returns. If someone takes a few months off to work through any health crisis, fill their workload with temporary solutions. Pay another colleague to work overtime, split the tasks between interns or hire a temporary team member to fill the gap.
Unless it is extremely detrimental to your business, you should refrain from posting their job and filling their position while they are off work. FMLA requires you to put them back in the same or almost identical position upon their return. It’s easiest for the brand to save their spot rather than filling it and scrambling to find work for the employee.
Related: 73% of workers would jump ship for better family benefits
How to respond when an employee requests FMLA for mental health
Many workers worry their jobs will terminate them for needing FMLA or mental health treatment, especially in at-will employment states. Reassure them that you want them well and be kind. Those battling depression and anxiety may already be on the edge, and their manager berating or guilting them will only make things worse.
While covering the extra workload may be temporarily aggravating, their long-term mental health means they’ll be able to function and complete their daily tasks better. Companies should do their best to comply with FMLA so employees aren’t afraid to take time off when they must.
Eleanor Hecks is a business and hiring writer and researcher who is passionate about sharing physical and mental health resources with the SMB community. You can find her work as Editor in Chief of Designerly Magazine or as a staff writer for publications such as HR.com, eLearning Industry and Training Industry.