The supervisor should know enough to tell the employee to contact Human Resources to determine if she is eligible for FMLA leave. The supervisor should recognize that the employee may qualify for FMLA leave, both for her own serious health condition and for taking care of her spouse as he undergoes treatment for his serious health condition. For example, let’s say an employee tells her supervisor that her husband is undergoing cancer treatment and is not doing well, and the employee is suffering from depression because she is overwhelmed with taking care of him and their children. A passing reference can be enough the employee need not specifically reference the FMLA, as long as they provide enough information for the employer to recognize a potentially FMLA-qualifying condition. A mental health condition can qualify as a serious health condition if it requires inpatient care or continuing treatment by a healthcare provider, such as an overnight stay in a treatment center for addiction or continuing treatment by a clinical psychologist.Įmployers should recognize that they have an obligation to notify employees of their FMLA rights within five days of becoming aware of a potentially FMLA-qualifying condition. Under FMLA, eligible employees may take up to 12 weeks of leave for their own serious health condition or to care for a spouse, child, or parent because of their serious health condition. Government agencies are taking note, and so should employers. adults live with a mental illness, with only about half receiving the help needed. In issuing its May guidance, the DOL also focused on the treatment gap, noting that “many people coping with mental illness may face barriers to treatment including social stigmas, a lack of available services or financial resources.” The DOL cited reports by the National Institute of Health estimating that nearly one in five U.S. It also noted that before COVID-19, only a minority of people with mental health problems received treatment, and that the pandemic has further widened the treatment gap. A March 2022 study by the World Health Organization indicated that the pandemic has led to an increase in mental health problems, including widespread depression and anxiety. There is plenty of evidence to support their concerns about mental health issues being on the rise. And the Equal Employment Opportunity Commission (EEOC) last December added a section to its COVID-19 Technical Assistance, expressly noting that COVID may qualify as a disability under the Americans with Disabilities Act. Department of Labor (DOL) issued new guidance during Mental Health Awareness Month in May, reminding employees with mental health issues of their rights under the Family and Medical Leave Act (FMLA). The peak of COVID-19 infections may have passed, but the mental health effects of the pandemic continue to be felt, and government agencies are taking note.
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