You apply for FMLA leave for mental health by telling your employer you need time off that may qualify, without disclosing your diagnosis. Give 30 days’ notice when the leave’s foreseeable, or notify them as soon as practicable when it isn’t, and follow your employer’s usual leave-request procedures. Your employer may request medical certification, and you’ll generally get at least 15 calendar days to return it. Here’s how each step, deadline, and denial response works.
Key Takeaways
- Confirm eligibility: 12 months of employment, 1,250 hours worked in the past year, and 50+ employees within 75 miles.
- Your mental health condition qualifies if it involves inpatient care or continuing treatment by a health care provider.
- Notify your employer 30 days ahead for foreseeable leave, or as soon as practicable, following its usual leave-request procedures.
- You don’t need to disclose your diagnosis; simply state that your leave may qualify under FMLA.
- If requested, submit a complete medical certification within at least 15 calendar days, specifying continuous, intermittent, or reduced-schedule leave.
How do you apply for FMLA for mental health treatment
To apply for FMLA leave for mental health treatment, confirm your eligibility, notify your employer, and submit medical certification. You’re eligible if you’ve worked for a covered employer for at least 12 months, logged 1,250 hours in the past year, and work at a site with 50 employees within 75 miles. Your condition must involve inpatient care or continuing treatment by a health care provider. Follow your employer’s usual procedures and give 30 days’ notice for foreseeable leave, or notify HR as soon as practicable. You don’t have to disclose a diagnosis. Submit medical certification within 15 calendar days of your employer’s request. Specify whether your mental health leave of absence will be continuous, intermittent, or reduced-schedule.
What are the exact steps from request to approval
The steps from request to approval are notifying your employer of potentially qualifying leave, receiving your employer’s request for medical certification, and submitting a complete certification, with deadlines on both sides.
| Step | Deadline |
|---|---|
| Notify your employer of potentially qualifying leave | 30 days ahead, or as soon as practicable |
| Employer requests medical certification | Within five business days of your request |
| Submit a complete certification | At least 15 calendar days after the request |
Follow your employer’s usual procedures, and state whether leave is continuous, intermittent, or a reduced schedule. You needn’t disclose your diagnosis or history. If delays arise despite diligent, good-faith efforts, notify your employer and explain. Additional time may be allowed. Taking FMLA for mental health stays protected only when you meet these deadlines.
When do you have to notify your employer
You must notify your employer at least 30 days before foreseeable leave begins, such as a scheduled inpatient stay or a planned course of therapy, when practicable. If you can’t give 30 days’ notice because your treatment start date changes or your need arises suddenly, notify your employer as soon as practicable. For an unexpected crisis, give notice as soon as practicable under the circumstances.
Follow your employer’s usual procedures for requesting leave in every case, such as contacting your supervisor or human resources. You must identify that your need may qualify under FMLA, but you don’t have to disclose your diagnosis or full medical history. After you give notice, your employer must send you its eligibility and rights notice.
What paperwork does the application require
Your employer may require a medical certification from your health care provider to support leave for a serious mental health condition, although FMLA doesn’t require a formal application form. Your employer should generally request it when you ask for leave or within five business days afterward. Follow these steps:
Your employer may require medical certification for mental health leave, but FMLA doesn’t require a formal application form.
- Get the right form. Ask your employer for its FMLA notice and certification instructions. Department of Labor Form WH-380-E is optional, and you can provide equivalent information in another format.
- Have your provider complete it. The certification must include enough medical facts to support your need for leave, such as expected duration. It doesn’t need a diagnosis.
- Submit it on time. You generally have at least 15 calendar days. If you can’t meet the deadline despite diligent, good-faith efforts, notify your employer and explain why.
How do you raise a mental health leave with HR
Raise mental health leave by following your employer’s usual procedures for requesting leave, such as notifying your supervisor or human resources department, and explaining that you need leave for a serious mental health condition. If your leave is foreseeable, such as a scheduled inpatient stay or planned treatment, give at least 30 days’ advance notice when practicable. If you can’t provide 30 days’ notice, or your need arises unexpectedly, notify your employer as soon as practicable under the circumstances.
You don’t have to disclose your diagnosis or full medical history. You do have to give enough information to identify a need for potentially FMLA-qualifying leave. Tell HR whether you expect continuous leave, intermittent leave, or a reduced schedule, if you know. Then ask for your employer’s FMLA notices and certification instructions, and meet every stated deadline.
What happens in the weeks after you submit
Your employer must provide a notice of your eligibility and your rights and responsibilities under the FMLA after you request leave. Your employer may also request medical certification, generally when you request leave or within five business days afterward. Expect this sequence:
- You’ll receive certification instructions and deadlines, which you must follow.
- You’ll have at least 15 calendar days to return a complete certification from your health care provider. It needs enough medical facts to support your leave, but not a diagnosis.
- You’ll confirm whether leave is continuous, intermittent, or a reduced schedule.
If you can’t meet a deadline despite diligent, good-faith efforts, notify your employer and explain the delay. Additional time may be allowed. The FMLA protects qualifying leave against interference and denial.
What do you do if your FMLA request is denied
If your FMLA request is denied, identify the exact reason your employer gave, because each basis calls for a different response. If it cites eligibility, check your records: you need 12 months of employment, 1,250 hours worked in the prior 12 months, and 50 employees within 75 miles of your worksite. If it says your condition doesn’t qualify, show inpatient care or continuing treatment, such as multiple appointments, medication, therapy, or treatment at least twice a year for chronic anxiety or depression. If certification was incomplete or late, ask your provider to supply sufficient medical facts, and explain any delay despite diligent, good-faith efforts. You don’t have to disclose a diagnosis. FMLA prohibits interference with qualifying leave, so contact human resources or the U.S. Department of Labor promptly.
Take the Next Step Toward Mental Health Treatment
Applying for FMLA can help protect your job while you focus on your mental health. Villa Wellness Center offers individual therapy to help you manage anxiety, depression, and other emotional challenges. Verify your insurance to explore your treatment coverage, or call (844) 609-3035 to discuss available care options.
Frequently Asked Questions
Does Anxiety or Depression Qualify as a Serious Health Condition Under FMLA?
Yes, anxiety or depression can qualify, but only when it meets FMLA’s serious health condition standard. It’ll qualify if the condition requires inpatient care, causes more than three consecutive days of incapacity with ongoing treatment, or operates as a chronic condition causing occasional incapacity and requiring provider treatment at least twice a year. You don’t need to disclose a diagnosis, but your provider’s certification must supply sufficient supporting medical facts.
How Many Hours Must I Work to Be Eligible for FMLA?
You must work at least 1,250 hours during the 12 months immediately before your leave starts. You’ll also need at least 12 months of total employment with your employer, and your worksite must have at least 50 employees within 75 miles. Your employer must also be a covered employer. If you’re unsure whether you qualify, contact your human resources department or the U.S. Department of Labor before you request leave.
Can I Take Intermittent FMLA Leave for Weekly Therapy Appointments?
Yes, you can take intermittent FMLA leave for weekly therapy appointments if you’re eligible and your mental health condition qualifies as serious, requiring continuing treatment by a health care provider. Tell your employer the leave will be intermittent, follow its usual request procedures, and give 30 days’ notice when practicable. If your employer requests medical certification, you’ll generally have 15 calendar days to submit it. You needn’t disclose your diagnosis.
Can I Use FMLA to Care for a Family Member’s Mental Health Condition?
Yes, you can use FMLA leave to care for your spouse, child, or parent with a serious mental health condition. The condition must involve inpatient care or continuing treatment by a health care provider. You must meet eligibility requirements: 12 months of employment, 1,250 hours worked, and 50 employees within 75 miles. Follow your employer’s notice procedures, and if your employer requests medical certification, you’ll generally have 15 calendar days to submit it.
How Many Weeks of Mental Health Leave Can I Take per Year?
You can take up to 12 workweeks of job-protected FMLA leave during your employer’s applicable 12-month leave year for your own serious mental health condition. You’ll qualify only if you’ve worked 12 months, logged 1,250 hours in the prior year, and your worksite has 50 employees within 75 miles. You can use leave continuously, intermittently, or on a reduced schedule, but you must still meet your employer’s required certification deadlines.