Navigating Intermittent FMLA for Mental Health: A Guide for Eligible Employees

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 The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with the right to take up to 12 weeks of unpaid, job-protected leave for certain qualifying reasons, including for the employee's own serious health condition. If you are an eligible employee, you may be able to use intermittent FMLA leave to address your mental health needs.

To be eligible for FMLA leave, you must:

1. Work for a covered employer, which includes private sector employers with 50 or more employees, and public sector employers of any size.

2. Have worked for the employer for at least 12 months, although not necessarily consecutively.

3. Have worked at least 1,250 hours during the 12 months prior to the start of your leave.

4. Work at a location where the employer has at least 50 employees within 75 miles.

If you meet these eligibility requirements, you may be able to use FMLA leave for your mental health condition if it meets the definition of a "serious health condition" under the FMLA. A serious health condition is a condition that requires inpatient care or continuing treatment by a healthcare provider. Mental health conditions can qualify as serious health conditions under the FMLA if they meet this standard.

To use FMLA leave for your mental health condition, you will need to provide your employer with sufficient notice and medical certification from a healthcare provider. Your employer may have specific requirements for requesting and using FMLA leave, so it is important to familiarize yourself with your employer's policies and procedures.

If you have questions about your eligibility for FMLA leave or how to use it to address your mental health needs, you may want to consult with an attorney or other legal professional who is familiar with the FMLA and employment law. They can provide you with guidance and assistance in understanding your rights and options.