But What About Mental Health?
In today’s fast-paced world, it is crucial to acknowledge that mental health is just as important as physical health. Both aspects of our well-being are intrinsically connected and should be treated with equal focus and care. Maintaining a healthy mind is essential for fostering resilience, managing stress, and ultimately leading a fulfilling and happy life. Just as we exercise our bodies and nourish them with proper nutrition, we must also prioritize self-care routines and seek support when necessary to ensure our mental well-being thrives alongside our physical health.
Who Qualifies for FMLA?
What are the FMLA Qualifications & Requirements?
Employee Requirements
To be eligible for FMLA leave, an employee must work for a covered employer and meet the following requirements:
- Employment Duration: Employees must have worked for their current employer for at least 12 months.
- Hours Worked: Employees must have completed a minimum of 1,250 hours during the 12 months prior to the start of leave.
- Worksite Proximity: Employees must work at a location where their employer has at least 50 employees within a 75-mile radius.
Employer Requirements
Here are some common qualifying reasons for which eligible employees can take FMLA leave:
- Birth & Childcare: The birth of a child and subsequent bonding time with newborns up to one year after birth.
- Adoption & Foster Care: Placement of a child via adoption or foster care and bonding time within one year of placement.
- Family Illness: To care for an immediate family member (spouse, child, parent) with a serious health condition.
- Personal Illness: When an employee is unable to work due to their serious health condition.
Employers are required to provide FMLA if they meet these criteria:
- Public Agency: All local, state, or federal government agencies must comply with the FMLA regulations, regardless of the number of employees they have.
- Private Sector: Private sector companies with 50 or more employees in a 75-mile radius must implement and follow FMLA policies.
- Schools: Public and private schools—including elementary schools, secondary schools, and educational agencies—are subject to FMLA regulations irrespective of employee count.
Qualifying Reasons for FMLA include mental health
Mental health is considered a qualifying reason for FMLA when diagnosed as a serious health condition that impacts an employee’s ability to perform their job duties. It also applies if an employee needs time off to care for an immediate family member with such a condition.
Examples include anxiety, depression, PTSD, and bipolar disorder, among others.
Accessing FMLA leave for mental health reasons typically requires documentation from a healthcare professional certifying the severity of the condition and its impact on the employee’s functioning.
The FMLA Process
Requesting FMLA leave for mental health reasons can be daunting, but being open and proactive about communicating with your employer, obtaining the necessary medical documentation, and familiarizing yourself with company-specific policies will help smooth the process and ensure your rights are protected.
If you’re considering taking FMLA leave for your mental health, here’s a guide to help you navigate the process.
What is the FMLA Process?
Communication with your employer
- Approach your supervisor or HR department: Begin the conversation by speaking with your immediate supervisor or contacting the HR department. They can guide you through the formal process of requesting FMLA leave and provide information about your company’s specific policies related to it.
- Put it in writing: After discussing your request with your supervisor or HR representative, submit a written request for FMLA leave. Include important information in the letter such as duration of the leave, desired start date, the nature of your mental health issue, and any anticipated workplace accommodations that may be required upon your return.
- Stay open and professional: When discussing your situation and plans for FMLA leave, remember to maintain a level of professionalism and remain open to questions from your employer about the need for leave or accommodations.
Providing medical certification
Obtain documentation from your healthcare provider: To qualify for FMLA leave due to mental health reasons, you’ll need certification from a qualified healthcare provider that explains the nature and severity of your condition and its impact on your ability to perform work duties.
Keep personal details minimal: While providing medical certification is crucial, remember not to disclose any unnecessary personal information or details about your condition that could violate doctor-patient confidentiality.
Submit within the deadline: According to FMLA regulations, you have up to 15 calendar days (unless impractical) after receiving a request from your employer to provide medical documentation. Ensure you meet the deadline to avoid complications.
Company policies and procedures
Understand your company’s FMLA policies: Familiarize yourself with the details of your company’s FMLA policies and procedures, which may include specific steps you must take to request leave or requirements related to medical documentation.
Paid leave substitution: Your employer may require you to use accrued paid leave (such as personal or sick days) concurrently with your unpaid FMLA leave. Be prepared for this possibility by understanding how your company handles paid leave during FMLA time off.
Return-to-work process: Make sure you’re clear on the reintegration process after returning from FMLA leave, including any specific paperwork or steps required by your employer.
Protections Under FMLA
There are three primary protections associated with FMLA leave: job protection, continuation of benefits, and confidentiality of medical information.
Job Protection
One of the most important protections offered by FMLA is job protection. This means that while you are on approved leave, your employer cannot fire you or replace you with another employee. Upon your return from leave, the employer must reinstate you in your original position or an equivalent role with equal pay, benefits, and responsibilities. This requirement ensures that you will not face any discrimination or retaliation for exercising your right to take FMLA leave to care for yourself or a family member.
Continuation of Benefits
During your FMLA leave, your employer must continue providing health insurance coverage
under the same terms as if you were still working. This means that if you had health coverage through your employer before taking leave, they must maintain that coverage while you are on FMLA. However, it is essential to note that the employer is not required to maintain other benefits such as life insurance or retirement contributions during this period.
While on leave, you can choose to continue other benefits at your own expense. It’s crucial to communicate with your HR department about how managing these other benefits works while you’re on FMLA leave.
Confidentiality of Medical Information
The confidentiality of your medical information is another essential protection under FMLA. Employers are obliged to respect the privacy of their employees’ health-related information by keeping it separate from regular personnel files. They also cannot disclose your medical information, except under specific circumstances, such as when required for complying with the law, ensuring workplace safety, or working out necessary accommodations.
However, you should understand that your employer may request medical documentation to substantiate your need for FMLA leave. This is a standard procedure to ensure the legitimacy of your leave request. In this case, you will need to provide appropriate certification from a healthcare provider detailing the nature and projected duration of your condition.
If you need FMLA or Disability Documentation
Journey Psyche can help with the process. If you are a new patient of Journey Psyche, you must schedule an appointment with a provider for a 60-minute initial assessment to evaluate your current situation and diagnosis. If you are an existing patient, you can proceed to the second step, a follow-up appointment with your provider to complete the necessary documentation during the session. Additionally, we will need you to sign a medical release of information and provide the required FMLA or Disability documents from your employer. After the documentation session, we can send the necessary paperwork to your employer upon request. Please note that there is a $150 charge for processing all the required paperwork.
