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Mental health conditions now covered under FMLA leave

Nearly 1 in 5 adults in the U.S. live with a mental illness, the National Institutes of Health estimates.
Credit: stock.adobe

WASHINGTON, D.C., USA — As mental health awareness becomes more prevalent in the U.S., the Department of Labor has updated its guidance on the Family and Medical Leave Act to include mental health conditions.

The update was released on Wednesday, May 25, during Mental Health Awareness Month. It comes as research shows nearly 1 in 5 U.S. adults live with a mental illness, according to the National Institutes of Health. And they say only about half of those people receive the help they need. 

The U.S. Department of Labor said it's "determined" to make sure employees are covered under FMLA when it comes to workers seeking mental health support. 

An employee who is eligible for FMLA leave for a serious health condition or to care for a spouse, child or parent because of their serious health condition can now take leave for a mental health condition, according to the Department of Labor.

"Mental and physical health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a healthcare provider," the Department of Labor wrote in a news release. 

RELATED: How to take mental health leave from work

Employees who are eligible for FMLA leave must fall under a certain criteria explained by the Department of Labor. Requirements include:

  • Provide 12 workweeks of FMLA leave each year;
  • continue an employee’s group health benefits under the same conditions as if the employee had not taken leave; and
  • restore the employee to the same or virtually identical position at the end of the leave period.

It's also possible that FMLA leave is unpaid or used at the same time as employer-provided paid leave.

Read more about it here.

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