In 2022, more Americans than ever are struggling with mental health issues. During the pandemic, conditions like depression and anxiety have become particularly widespread. As a result, employers are more likely to encounter circumstances where employees need FMLA leave for a mental illness. Though it’s more commonly used for physical medical issues, the Family and Medical Leave Act (FMLA) allows eligible employees to take a protected leave of absence or intermittent leave if they need to care for a family member or if they’re unable to work due to their own serious medical condition. Serious medical conditions that qualify for FMLA leave include mental illness, like bipolar disorder. Additionally, employers should be aware that other laws, such as the Genetic Information Nondiscrimination Act (GINA), or The Americans with Disabilities Act (ADA), may apply in these scenarios. These laws protect employees’ rights to privacy, dictate how medical records must be handled, and more. In part two of this two-part series, MP’s HR experts outline what employers must know about FMLA and mental health. Read the article to:
– Find out steps employers should take now to ensure compliance
– Understand what limitations or requirements employers may set on FMLA
– Get best practices for FMLA and mental health
– Learn how to avoid claims of discrimination when employees take FMLA for mental health issues