Written By Patrick Brown
Employees who find themselves disabled by a mental health condition often don’t have the mental or emotional capacity needed to navigate what can be a complicated and overwhelming process of applying for benefits. A good place to start is by understanding how the Family Medical Leave Act works and how it applies to your situation.
Although I’m not a lawyer or a lawmaker, I’ve learned a few things about how this process works in my 20+ years of corporate life. I’ve since left that life behind and now use the skills I’ve acquired to support the employee rather than the employer, at a time when patients are most in need of that support.
“I just need a Mental Health Day”
Ok, so you’ve probably heard someone joke about taking a “mental health day” when things get chaotic in the office? Although it can be helpful to take a day off to relieve stress and renew vitality, a “mental health day” is much different from a Medical Leave of Absence. Part of self care is knowing when to take a break. When you find that work-related stress is impacting your efficiency it may be a good time to consider a day off to recenter yourself. However, when symptoms of a mental health condition such as depression, anxiety or other conditions become disabling, that is when time off from work can be medically necessary.
What is FMLA?
It wasn’t that long ago that an employee experiencing a serious medical condition could lose their job due to absence if they are unable to work. Thankfully, this is no longer the case.
Enacted in 1993, The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of job-protected leave per year. It also requires that their group health benefits be maintained during that time and they are entitled to return to their same job or one that is nearly identical in terms of pay, benefits and working conditions.
Do I qualify for a Medical Leave of Absence?
Well, that depends. First, your employer must be covered by FMLA. Small employers with fewer than 50 employees in a 75 mile radius may not be subject to the Family Medical Leave Act but some choose to observe similar benefits anyway or may be subject to other state laws regarding medical leave. Either way, it’s important to find out if your employer is covered. You can find this information easily in your company’s employee handbook, benefits policy or ask someone in the Human Relations department.
Assuming your employer is required to provide FMLA benefits, now you need to confirm that you are eligible to receive them. Federal law establishes the requirements for eligibility and your employer is expected to track the information necessary to determine if you meet those requirements. You must have worked for the organization for at least 12 months or worked 1250 hours within that same time period. This means that if you just started a new job you may not be covered under FMLA. That doesn’t necessarily mean there aren’t other company benefits that could apply to your situation so don’t give up.
Is my condition serious enough to request leave?
In addition to your employment qualifications, you also need to have a valid reason to request medical leave. As in the example of taking a “mental health day”, practicing self-care is not a medical necessity (although we think it should be). An employee must be able to demonstrate that their own serious medical condition forces them to miss work for medical treatment or renders them unable to perform one or more essential functions of their job for at least three (3) consecutive calendar days. The fine print also requires that the employee see a medical professional within seven (7) days so it’s important to seek care for your condition or risk short-changing your FMLA benefits.
How do I request Medical Leave?
Here’s a general timeline:
- The employee notifies the employer that they require a medical leave of absence for a serious health condition. If the leave of absence is in any way foreseeable such as a pregnancy, you’re required to provide 30 days notice but most mental health incapacitations don’t come with a “save the date” so employees should notify their employer as soon as possible, even if they have already incurred medical-related absences.
- The employer confirms FMLA eligibility within 5 business days. This means that if they are not covered by FMLA or you do not meet the employment qualifications, they need to notify you so you can plan accordingly. This is a good time to ask about other company benefits that could be applicable.
- The employee provides documentation to support their FMLA claim within fifteen (15) calendar days. This almost always includes documentation from a medical professional but may also include some company-specific forms.
- The employer makes a decision to approve or deny the claim within 5 business days from receiving all of the requested documentation.
Why does the process seem so complicated?
It’s common for employers or 3rd party claims handlers to come back and ask for additional information after you submit your initial round of documents. Don’t fret, this isn’t personal or some kind of stalling technique. They need the information to be detailed enough to make a decision either way. If the medical provider is too vague with the paperwork it could cause the process to be dragged out or your claim denied. You should always take the extra time to review the documentation that is submitted to your employer and make sure that every question is answered and that the answers fully reflect your disabling condition.
Retaliation against an employee who requests FMLA is illegal and employers can get in a lot of trouble both legally and financially if that is proven. Since FMLA is unpaid, most employers will err on the side of caution when deciding to accept or deny a claim and they would be stupid to take any actions that can be considered retaliation.
WAIT, FMLA is unpaid???
Technically, yes. The Federal law protects your job but it does not ensure you are paid during that time. Fortunately, most companies have benefits to off-set any lost wages while you are tending to your health. The most common of these is Short-Term Disability. If your employer carries an insurance policy for (STD) and you qualify under the terms of that particular policy, you may be entitled to some or all of your pay while you are disabled. These policies vary from company to company so you will need to inquire about the policy coverage or better yet, your employer should be kind enough to provide that information to you up front.
Additionally, some States have enacted their own laws regarding medical leave that either extend the coverage past 12 weeks, require medical leave to be paid (up to a point) or possibly both. If you live in any of these States it may be worth your time to do a little research.
California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and the District of Columbia.
Note: State laws change frequently. Check your state’s labor department website or consult an employment attorney for the most current requirements in your area.
If you are feeling overwhelmed by all of this, know that there are resources out there to help you through the process. A Disability Compliance Specialist such as myself, can gather medical information about your symptoms, treatment and limitations to complete the documentation and wrap everything up into a nice, neat little package you can hand over to your employer. Working with a professional means that your request will include the necessary details to properly document your disability the first time, making it less likely that your employer will need more information or deny your request altogether.
The Paperwork Shouldn’t Be Your Problem Right Now.
Navigating FMLA while managing a mental health condition is a lot to carry. The last thing you need is to worry about whether your documentation is complete, specific enough, or worded correctly for your employer’s claims handler.
Formacist — Modyfi’s disability documentation service — works directly with your providers to handle the paperwork on your behalf. That means the right language, the right detail, and a significantly lower chance of your claim being delayed or denied.
FAQ
Can I use FMLA for anxiety or depression?
Yes — mental health conditions qualify for FMLA protection under the same criteria as physical health conditions. The key requirement is that the condition must be considered a “serious health condition,” which means it either requires inpatient care or involves continuing treatment by a healthcare provider.
For anxiety or depression, this typically means you’ve been incapacitated for more than three consecutive calendar days and have sought medical treatment, or you have a chronic condition that causes occasional periods of incapacity and requires at least two visits per year to a healthcare provider. Conditions like major depressive disorder, generalized anxiety disorder, PTSD, bipolar disorder, and OCD are specifically recognized as qualifying conditions under federal guidelines.
The diagnosis alone isn’t what triggers FMLA eligibility — it’s the functional impact of the condition on your ability to work. A clinician who understands how to document that impact accurately is one of the most important parts of a successful claim.
What documentation do I need from my doctor for FMLA?
Your employer will typically provide a standard certification form that your healthcare provider needs to complete. The form asks for information about your diagnosis, the nature of your condition, how it affects your ability to perform essential job functions, and the expected duration of your need for leave.
The most common reason FMLA claims get delayed or denied isn’t the diagnosis itself — it’s incomplete or vague documentation. Insurance carriers and HR departments need enough clinical detail to make a determination, and providers who aren’t familiar with how to complete these forms often leave critical fields unanswered.
You have 15 calendar days to return the completed certification to your employer. Taking the time to review it before submission — and making sure every question is answered thoroughly — can make the difference between an approval and a request for additional information that drags the process out.
Can my employer fire me while I’m on FMLA leave?
Retaliation against an employee for taking FMLA leave is illegal, and employers can face significant legal and financial consequences if it’s proven. That said, “on FMLA leave” doesn’t provide blanket protection from termination — an employer can still let someone go for reasons unrelated to the leave itself, such as a company-wide layoff or documented performance issues that predated the leave request.
What FMLA protects against is being fired, demoted, or otherwise penalized specifically because you requested or took leave. If the timing of a termination closely follows an FMLA request, that’s a pattern courts and the Department of Labor take seriously.
If you believe you’ve experienced retaliation, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or pursue a private lawsuit. Keeping records of your leave request, any communications with your employer, and the timeline of events is important if things go in that direction.
REFERENCES
US Department of Labor, Wage and Hour Division, Fact Sheet #280: Mental Health Conditions and the FMLA, (May 2022) https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health
NCSL, National Conference of State Legislatures. State Family and Medical Leave Laws (Updated 2025)
29 CFR, Part 825, Subpart A, (100, 104, 110-113, 123). Coverage Under the Family and Medical Leave Act
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A
29 CFR, Part 825, Subpart B, (200, 209-210, 214-215, 220). Employee Leave Entitlements Under the Family and Medical Leave Act
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-B
29 CFR, Part 825, Subpart C, (301-304, 306-307, 313). Employee and Employer Rights and Obligations Under the Act
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-C
29 CFR, Part 825, Subpart G, (701-702). Effect of Other Laws, Employer Practices, and Collective Bargaining Agreements on Employee Rights Under FMLA
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-G
