Missing work for an injury, a contagious illness, or a minor surgery is usually a no-brainer—most people agree that following your doctor's advice and taking time off is the right call. But what about mental health issues? Can you get FMLA for anxiety?
Since mental health struggles often have “invisible” symptoms, missing work for stress or anxiety tends to be less acceptable in our culture.
According to a 2024 survey by the National Alliance on Mental Illness, many employees avoid discussing their mental health at work due to fear of stigma and retaliation. However, there are laws in place today that protect your right to take time off for mental health issues.
The Family and Medical Leave Act (FMLA) covers anxiety and other mental health issues as valid medical reasons for job-protected leave. But to qualify, both you and your employer must meet specific eligibility requirements.
What are the rules around FMLA?
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year. During this time, your employer must maintain group health benefits as if you were still at work. FMLA leave is job-protected, meaning you have the right to return to your original position or a similar one after your leave ends.
These are some qualifying conditions for why and when an eligible employee can use FMLA leave:
- Birth of a child
- Placement of a child for adoption or foster care
- Care for an immediate family member (spouse, child, or parent) with a serious health condition (in-laws are not included)
- Take medical leave when unable to work due to a serious health condition
Companies also need to meet some criteria. “A covered employer includes private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current or previous calendar year, public agencies, and local educational agencies (schools),” says Katie Daniel, attorney with Smith + Malek, PLLC, a firm that covers business and healthcare law. Companies that don't meet these criteria, Daniel says, are not covered by the act.
You can read the complete list of rules of the FMLA on the Department of Labor's official website.
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So, can I get FMLA for anxiety?
Yes, you can get FMLA for anxiety and other mental health conditions as long as you qualify.
“Anxiety qualifies for FMLA eligibility if it's a serious health condition that requires either inpatient care or continuing treatment,” Daniel says. “Continuing treatment includes some period of incapacity—the inability to work—treatment from a health provider twice a year, or ongoing treatment.”
The list of eligibility criteria for employees also includes:
- You have worked for a covered employer for at least 12 months
- You have at least 1,250 hours of service for your employer in the 12 months before the leave
- You work at a location where your employer has at least 50 employees within 75 miles
How to get FMLA for anxiety?
Generally, you should contact human resources to inform them you'd like to take an FMLA-approved leave. You'll also need to submit a certification from your doctor supporting your need to take time off work due to your condition.
“While a diagnosis is not required, the information on the certification must be sufficient to support the need for leave,” Daniel says. “The employee must provide written notice of FMLA with the certification, following a request for leave.”
Either you or your doctor can print the certification form and fill in the blanks with the requested information. Keep in mind that once the request is made, you must provide the certification to your employer within 15 calendar days.
“Failure to provide complete and sufficient certification may result in denial of FMLA protection following the 15 day period until proper certification is provided,” Daniel says.
What to do if you're not eligible?
If neither you nor the company you work for qualify for FMLA, you may still be able to take some time off depending on your company's policies and benefits package, as well as the state you live in. “Look into employer-provided leave, such as paid, unpaid, or sick leave,” Daniel says. “Some states have family and medical leave laws that provide protection despite ineligibility for FMLA protection.”
Keep in mind that paid and unpaid time off or sick leave periods are determined by your employer. This means you may not get the same 12 weeks you'd get under the FMLA. Ask human resources, check your employment contract, and/or your state laws to get the information you need.
Can your employer deny your FMLA leave?
If you and the company you work for are eligible, and you have the necessary paperwork that backs up your request, your employer legally cannot deny your leave. “Employers are prohibited from interfering with or restraining the exercise or attempt to exercise any FMLA right,” Daniel says. “Further prohibitions include discrimination, retaliation, or discharge for exercising or attempting to exercise FMLA rights.”
FAQs
What to say to doctor to get stress leave?
There isn't necessarily a script; instead you should be sincere about any mental and physical symptoms you've been experiencing. A good doctor will be able to assess how your stress level is impacting your performance at work and personal life and provide you with the necessary treatment—including leave if necessary.
How to get FMLA for depression and anxiety?
You should contact HR and request an FMLA-approved leave and consult with a doctor who will evaluate your mental health state and provide you with a certification that you need time off work. This certification should be submitted to your employer within 15 calendar days of your request for leave. Keep in mind that to get FMLA leave both you and your company must be eligible, according to FMLA rules and regulations.
How to explain absence due to mental health?
If you're absent under FMLA-approved leave, you won't need to provide a detailed explanation since the certification provided by your doctor will have all the information your employer needs to know about your condition.
How to fill out FMLA paperwork for mental health?
Download the certification file from the Department of Labor official site and follow the instructions. Usually, it's up to the employer or the employee to fill up the first half of the document, while the second half is filled out by the doctor.
Can I take intermittent FMLA for mental health?
Yes, if it's medically necessary, the 12 weeks of leave under the FMLA don't need to be taken consecutively. It's recommended that you and your employer work together to find a schedule that allows you to take time off intermittently without disrupting the company's operation. The employer is also allowed to transfer you to a position with equivalent pay and benefits to accommodate your new schedule.