June 2, 2022

DOL Updates FMLA Mental Health Fact Sheet

According to the U.S Department of Labor (DOL), nearly one in five U.S adults (approximately 52.9 million people) live with mental illness with only about half that number receiving the help they need. To assist in furthering its goal of assuring that leave under the Family Medical Leave Act (FMLA) is not viewed as just another stumbling block to mental health assistance, the DOL has just published an updated Family and Medical Leave Act Guide on Mental Health.

Eligible employees may take FMLA leave for their own serious health condition or to care for a spouse, child or parent because of their serious health condition. Serious health conditions can often include a mental health condition. Mental and physical health conditions are both considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a healthcare provider (e.g., an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist).

Released as the nation recognizes National Mental Health Awareness month, the DOL’s newly published guidance is designed to provide employers assistance in providing leave under the FMLA and assuring eligible employees receive the assistance they need.

Additional Resources Include:

Members with questions about FMLA, conducting the timely good faith interactive process or providing reasonable accommodations under the FMLA should contact Western Growers and consider attending one of our upcoming Leave Law Seminars.