Mental Health and FMLA: What's Covered

Introduction

Mental health conditions are just as real as physical ones—and FMLA treats them the same way. If your mental health condition meets the "serious health condition" standard, you're entitled to protected leave.

Do Mental Health Conditions Qualify?

**Yes**, if they involve: - Inpatient care (hospitalization for mental health), OR - Continuing treatment by a healthcare provider

Conditions That Often Qualify

Major depressive disorder
Generalized anxiety disorder
Bipolar disorder
PTSD
OCD
Panic disorder
Severe burnout requiring treatment
Substance abuse undergoing treatment

The Key: Continuing Treatment

For most mental health conditions, you'll need to show: - At least 2 visits to a healthcare provider, OR - One visit plus ongoing treatment (therapy, medication)

A single therapy session for mild stress probably doesn't qualify. Ongoing treatment for clinical depression does.

What Your Certification Should Include

Your mental health provider should document: - Clinical diagnosis - That you are incapacitated (unable to perform job functions) - Duration of incapacity (estimated) - Treatment plan (frequency of appointments, medications)

Protecting Your Privacy

FMLA certification does NOT require: - Your specific diagnosis - Detailed therapy notes - Mental health history

The form asks for: - General nature of the condition - Whether it's chronic or temporary - Approximate duration and frequency of incapacity

**Tip:** Your employer cannot contact your therapist directly about your condition. All contact must go through HR.

Intermittent Leave for Mental Health

Many mental health conditions qualify for intermittent leave: - Therapy appointments - Crisis days when symptoms are severe - Medication adjustments requiring time off

Your provider should estimate frequency on the certification form.

Dealing with Stigma

### Your Rights - You don't have to disclose your condition to coworkers - Your manager cannot share your FMLA reason - Retaliation for taking mental health leave is illegal

### What to Say at Work > "I'm taking approved medical leave. HR has the documentation."

You don't owe anyone an explanation beyond that.

Conclusion

Mental health conditions are legitimate FMLA-qualifying conditions. Get proper documentation, protect your privacy, and take the time you need to recover.

**Need the form?** Our [Form Finder](/forms) can help you get started.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*