Can You Take FMLA for Mental Health? What Employees Need to Know
Taking time off work for mental health reasons can feel overwhelming, especially when you’re already dealing with stress, anxiety, or depression. Many employees worry about job security, privacy, and whether mental health even qualifies for protected leave. The good news is that FMLA does cover mental health conditions, and you may be legally entitled to take time off without risking your job.
This article breaks down exactly how FMLA works for mental health, what conditions qualify, and how you can take leave confidently and correctly, so you can focus on what truly matters: your well-being.
What Is FMLA?
The Family and Medical Leave Act (FMLA) is a U.S. federal law designed to protect employees who need time away from work due to serious health or family-related reasons. Under FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave within a 12-month period while maintaining their group health insurance coverage.
FMLA was created to ensure that employees do not have to choose between their health and their job. Importantly, the law does not only apply to physical illnesses, but mental health conditions are also covered when they meet specific medical criteria.
Can You Take FMLA for Mental Health?
Yes, you can take FMLA for mental health if your condition qualifies as a serious health condition under FMLA regulations. Mental health is treated the same as physical health under the law, meaning employers must provide protected leave when medical necessity is documented.
A mental health condition generally qualifies if it:
Requires inpatient care, or
Involves continuing treatment by a healthcare provider
This means that if your mental health condition significantly interferes with your ability to work, FMLA may legally protect your time off.
What Mental Health Conditions Qualify for FMLA?
Many common mental health conditions qualify for FMLA when they require medical treatment or ongoing care. These include, but are not limited to:
Depression
Anxiety disorders
Panic disorder
Post-traumatic stress disorder (PTSD)
Bipolar disorder
Obsessive-compulsive disorder (OCD)
Severe work-related stress when medically diagnosed
The key factor is medical certification, not the specific diagnosis. If a licensed healthcare provider confirms that your condition prevents you from working or requires treatment, it may qualify.
FMLA for Depression and Anxiety
FMLA for depression and anxiety is one of the most common uses of mental health leave. These conditions can affect concentration, decision-making, sleep, emotional regulation, and overall job performance.
You may qualify for FMLA if your depression or anxiety:
Causes persistent symptoms that impact daily functioning
Requires therapy, medication, or psychiatric care
Leads to episodes where working is not medically advisable
Both short-term episodes (such as acute anxiety) and chronic conditions (such as major depressive disorder or generalized anxiety disorder) can qualify, depending on severity and treatment needs.
Importantly, you do not need to be hospitalized to qualify. Regular therapy sessions or medication management may be sufficient.
Intermittent FMLA for Mental Health
Intermittent FMLA for mental health allows employees to take leave in smaller increments instead of taking all 12 weeks at once. This option is especially helpful for ongoing or fluctuating mental health conditions.
Intermittent FMLA may be used for:
Therapy or counseling appointments
Psychiatric evaluations or medication check-ins
Anxiety or panic attacks that prevent working
Mental health “flare-ups” that require rest or treatment
With intermittent leave, you might take a few hours, a day, or several days off as needed, while still maintaining your job and benefits.
Employers must allow intermittent FMLA when it is medically necessary and properly certified by a healthcare provider.
How to Get FMLA for Mental Health?
If you’re wondering how to get FMLA for mental health, the process is straightforward, though it does require proper documentation.
1. Check If You’re Eligible
To qualify for FMLA, you must:
Work for an employer with 50 or more employees
Have been employed for at least 12 months
Have worked at least 1,250 hours in the past 12 months
If these conditions are met, you can move forward with a request.
2. Speak With a Healthcare Provider
A licensed healthcare provider must evaluate your mental health condition. This can include:
A primary care physician
Psychiatrist
Psychologist
Licensed therapist or counselor
They will determine whether your condition qualifies as a serious health condition and whether time off work is medically necessary.
3. Request FMLA Paperwork From Your Employer
Contact your HR department or supervisor to request FMLA forms. Employers are legally required to provide this paperwork and explain your rights under the law.
Your provider will complete the medical certification, not you, and your diagnosis details remain private.
4. Complete and Submit Medical Certification
Once you receive the FMLA paperwork, your healthcare provider will complete the medical certification form. This form confirms:
That you have a qualifying mental health condition
The medical necessity for leave
The expected duration of leave
Whether the leave will be continuous or intermittent
You are typically required to return the completed forms within 15 calendar days. Missing this deadline can delay or jeopardize your FMLA approval, so timely submission is important.
5. Wait for Employer Approval
After submission, your employer will review the documentation and notify you of approval or denial. If everything is completed correctly and you meet eligibility requirements, your leave should be approved.
Once approved:
Your job is legally protected
Your health insurance continues
Your employer cannot retaliate against you
Does FMLA Cover Mental Health Treatment?
Yes, FMLA covers mental health treatment when it is part of managing a serious health condition. Treatment does not need to be inpatient to qualify.
Covered mental health treatments include:
Individual or group therapy
Psychiatric appointments
Medication management
Intensive outpatient programs
Inpatient mental health care
If treatment requires time away from work or affects your ability to perform your job duties, FMLA can be used to protect that time.
Is FMLA for Mental Health Paid?
FMLA itself is unpaid, but many employees can still receive income while on leave through other options.
You may be paid if you:
Use accrued vacation, PTO, or sick leave
Qualify for short-term disability benefits
Live in a state with paid family or medical leave laws
Your employer may require you to use paid leave concurrently with FMLA, so it’s important to review company policies and state benefits.
Can an Employer Deny FMLA for Mental Health?
An employer cannot legally deny FMLA for mental health if all requirements are met. However, denial may occur if:
You are not eligible under FMLA rules
Medical certification is incomplete or missing
The condition does not meet the definition of a serious health condition
If your leave is denied unfairly, you have the right to request clarification, submit additional documentation, or file a complaint with the Department of Labor.
Do You Have to Tell Your Employer About Your Diagnosis?
No. You are not required to disclose your specific mental health diagnosis to your employer.
Your employer:
Receives confirmation that a qualifying condition exists
Does not receive medical records or detailed diagnoses
Must keep all medical information confidential
This protects your privacy while still allowing you to receive legal leave protections.
Can You Be Fired While on FMLA for Mental Health?
No. FMLA provides job protection, meaning your employer cannot fire you for taking approved FMLA leave for mental health.
When you return:
You must be reinstated to the same or an equivalent position
Your pay, benefits, and working conditions must remain the same
However, FMLA does not protect against unrelated issues such as layoffs that would have occurred regardless of leave.
Final Thoughts
Mental health challenges are real, valid, and legally recognized under FMLA. If your condition is affecting your ability to work, you do not have to suffer in silence or risk your job. FMLA exists to give employees the time and protection they need to heal.
Understanding your rights is the first step toward prioritizing your mental well-being, without fear or guilt. If you believe you qualify, reach out to your healthcare provider and HR department to begin the process with confidence.
FAQs
Q: Can you take FMLA for stress?
Ans: Yes, if stress leads to a medically diagnosed mental health condition requiring treatment.
Q: Can FMLA be used for therapy appointments?
Ans: Yes. Therapy appointments are commonly covered under intermittent FMLA.
Q: How long can you take FMLA for mental health?
Ans: Up to 12 weeks per year, either continuously or intermittently.
Q: Can FMLA be extended for mental health?
Ans: FMLA itself cannot be extended beyond 12 weeks, but other accommodations or leave options may apply.
