A mental health leave of absence is when you take a break from work due to a decline in your mental health. This is not the same as sick leave, and FMLA shouldn't be confused with short term disability.
GoodRx notes that the purpose of this break is to give you the chance to seek treatment and recover from your mental health issues. A leave of absence implies that you will return to work when the pre-determined time off is over. Mental health breaks can be either a short-term leave of absence or a long-term leave of absence.
GoodRx explains that a short-term mental health break is sometimes called “stress leave” and can range from a few days to a few weeks. Long-term leave may last for as much as several months and is usually used for more severe mental health issues that require inpatient treatment or extended recovery time. You could also be offered intermittent mental health breaks where you take occasional time off (like a couple of hours a week for therapy), according to PayScale.
According to the Department of Labor (DOL), the Family and Medical Leave Act (FMLA) is a federal program that helps employees take a leave of absence for up to 12 weeks while keeping their health benefits. The program also allows employees to return to the same or equal position once they do return to work. This act prevents employers from suspending benefits, firing, or demoting employees while they are having a family or medical crisis.
Some criteria must be met to qualify for FMLA leave, according to the DOL.
Employees are eligible for FMLA leave if they work for a covered employer for at least 12 months (and have worked at least 1,250 hours in the 12 months leading up to the FMLA leave). Employees must also work at a location where the employer has at least 50 employees within 75 miles.
Employers who are covered under FMLA are private employers who employ 50 or more employees in 20 or more workweeks of the current or preceding calendar year. Local, state, or federal government agencies and public and private elementary and secondary schools are FMLA-covered employers regardless of the number of employees they employ.
According to the Department of Labor, qualified employees who work for a covered employee have the following rights under FMLA leave:
You can take up to 12 work weeks of unpaid leave each year.
You get to keep your employee health benefits.
Your job or an identical position will be available to you when you get back.
It is important to note that FMLA is not disability insurance, and does not require an employer to give you paid leave. If you are out of paid time off or sick leave, your FMLA leave will be unpaid.
You can take FMLA leave for your own serious health condition, or to care for a spouse, child, or parent with a health condition, according to the DOL. They also note that a serious health condition can include a mental health condition.
According to the DOL, reasons for FMLA leave include:
Mental and physical health conditions that are serious enough to require inpatient care or continuing treatment by a health care provider (such as addiction and eating disorders).
Conditions that incapacitate an individual for more than three consecutive days or require multiple appointments with a health care provider (including a psychiatrist, clinical psychologist, or clinical social worker).
Chronic conditions (like anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is incapacitated and requires treatment by a health care provider at least twice a year.
According to GoodRx, some conditions that may qualify you for FMLA leave include (but are not limited to):
Major depression
Anxiety disorders
PTSD
Bipolar disorder
Schizophrenia
Obsessive-compulsive disorder (OCD)
Dissociative disorders
Substance use disorders
Eating disorders
It can be difficult to decide if you need a mental health break or not. If you’re wondering if a mental health leave is right for you, here are some things to consider, according to The Muse:
You find less pleasure in the work you were once excited and passionate about
You feel more irritable than usual
You struggle to get yourself to show up for work
You feel anxious or “burnout” about work
Your daily routine is lacking the consistency that it once had
You are experiencing mood swings, changes in behavior, or a lack of compassion
You are having difficulty concentrating or feeling confused more often
Asking for mental health leave can be a stressful act that may worsen your mental health symptoms. But talking with your supervisor or manager is an important step in making sure you get the leave you’re entitled to and the help you need. The Muse offers the following tips to keep in mind before you approach your manager and while you’re having the conversation:
Think about how much you’re comfortable sharing about your mental health with your supervisor. While you need to provide enough context, you are not obligated to share all of the details or any of your protected health information.
Understand what you are asking for, (whether it is a short leave request, intermittent, or the full 12 weeks that FMLA provides).
Be prepared to provide documentation of your mental health issues along with your leave request.
The Muse also recommends that you go straight to your HR representative if you do not feel comfortable speaking to your direct supervisor about your needs.
Here are the key steps you should remember when pursuing a mental health leave of absence:
Seek medical advice from a licensed healthcare or mental health provider
Research your company’s policies on paid leave and FMLA
Prepare any documentation that you may need (including a doctor’s note and a leave request, if applicable)
Develop a plan of what you want to say
Schedule a meeting with your supervisor, manager, or HR representative
Be honest and concise during your meeting
Submit any required paperwork in a timely manner
Getting a doctor’s evaluation and doctor’s note is the first step in asking for FMLA leave. In many cases, an urgent care doctor can help you with this. Search and find urgent care clinics near you using Solv.
A mental health leave of absence is a period of time off work to address and recover from mental health issues.
The FMLA is a federal program that allows employees to take up to 12 weeks of unpaid leave for family or medical reasons while retaining their job and health benefits.
Employees who have worked for a covered employer for at least 12 months and have worked at least 1,250 hours in the 12 months leading up to the leave are eligible for FMLA leave.
Conditions such as major depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, obsessive-compulsive disorder, dissociative disorders, substance use disorders, and eating disorders may qualify for FMLA leave.
You should seek medical advice, research your company's policies, prepare any necessary documentation, develop a plan of what you want to say, and schedule a meeting with your supervisor, manager, or HR representative.
Find a therapist that accepts your insurance and be seen within 2 days. Over 8,000 vetted therapists, 50+ insurances accepted, and both online and in-person options, find the care you need in a schedule that suits you.
Medically reviewed
View this article’s sources and history, and read more about Solv’s Content Mission Statement, editorial process, and editorial team.
Solv has strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and medical associations. We avoid using tertiary references.
Solv’s team of medical writers and experts review and update our articles when new information becomes available.
Written by Solv Editorial Team
Medically reviewed by: Dr. Rob Rohatsch, MD
Solv has strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and medical associations. We avoid using tertiary references.
Solv’s team of medical writers and experts review and update our articles when new information becomes available.
Written by Solv Editorial Team
Medically reviewed by: Dr. Rob Rohatsch, MD
Find a therapist that accepts your insurance and be seen within 2 days. Over 8,000 vetted therapists, 50+ insurances accepted, and both online and in-person options, find the care you need in a schedule that suits you.
Urgent care near me