How Do I Get FMLA for Depression?
Applying for Family and Medical Leave Act (FMLA) leave for depression requires understanding the eligibility criteria, completing the necessary paperwork, and working closely with your healthcare provider. Getting FMLA for depression is possible if your condition meets the legal definition of a serious health condition, and this article will guide you through the process.
Understanding FMLA and Depression
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Depression, when severe enough to qualify as a serious health condition, can be one of those reasons. Understanding how FMLA applies to mental health conditions like depression is the first step in navigating the process.
FMLA Basics and Benefits
FMLA provides up to 12 weeks of unpaid leave per year for eligible employees. Key benefits include:
- Job protection: You are guaranteed the same or an equivalent job upon your return from leave.
- Continued health insurance: Your employer must maintain your group health insurance coverage under the same terms and conditions as if you had not taken leave.
- Leave for qualifying reasons: This includes your own serious health condition, caring for a family member with a serious health condition, or for certain military family needs.
To be eligible for FMLA, you generally need to have worked for your employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius.
Is Depression a Serious Health Condition Under FMLA?
For depression to qualify as a serious health condition under FMLA, it typically needs to involve:
- Inpatient care: An overnight stay in a hospital, hospice, or residential medical care facility.
- Continuing treatment by a healthcare provider: This means being under the continuing care of a doctor or other healthcare provider. Continuing care usually involves two or more visits to a healthcare provider for treatment of the condition, or one visit and a regimen of continuing treatment, such as medication.
Mild or occasional feelings of sadness typically won’t qualify. The depression must be severe enough to impair your ability to perform your job duties.
The FMLA Application Process: How Do I Get FMLA for Depression?
Getting FMLA for depression involves several key steps:
- Notify your employer: Inform your employer of your need for FMLA leave. This should be done as soon as practicable. Some employers have specific forms to request FMLA leave.
- Complete the FMLA paperwork: Your employer will provide you with a certification form to be completed by your healthcare provider.
- Have your healthcare provider complete the certification form: This is a crucial step. The form requires your doctor to describe your condition, its severity, and how it prevents you from performing your job duties. The form also estimates the duration of the leave needed.
- Submit the completed certification form to your employer: The deadline for submitting the form is usually 15 calendar days from the date you received it.
- Employer review and notification: Your employer will review the certification and notify you whether your leave is approved or denied. If denied, they must explain the reason for the denial.
Common Mistakes to Avoid
- Delaying notification: Wait to notify your employer as soon as reasonably possible to avoid any potential issues.
- Incomplete or inaccurate certification form: Ensure your healthcare provider accurately and thoroughly completes the certification form. Missing information can lead to denial.
- Assuming depression automatically qualifies: Not all cases of depression qualify for FMLA. The condition must meet the criteria of a serious health condition.
- Not communicating with your employer: Maintain open communication with your employer throughout the leave process.
Maintaining Confidentiality
FMLA requires employers to maintain the confidentiality of your medical information. While your employer may need to know the general nature of your condition to process your leave request, they are not entitled to detailed medical information beyond what is necessary to determine eligibility.
What to Do If Your FMLA Request is Denied
If your FMLA request is denied, you have the right to:
- Ask for the reason for the denial in writing: Your employer must provide a written explanation for the denial.
- Cure any deficiencies: If the denial was due to an incomplete or insufficient certification, you may have the opportunity to provide additional information.
- Seek legal counsel: If you believe your denial was unlawful, consult with an employment law attorney.
Frequently Asked Questions (FAQs)
Can I be fired for taking FMLA leave for depression?
No, employers are prohibited from retaliating against employees for taking legitimate FMLA leave. This includes firing, demoting, or otherwise discriminating against an employee. However, your job is only protected during the leave period; if your position is eliminated due to legitimate business reasons unrelated to your FMLA leave, that protection doesn’t apply.
What types of treatment qualify as continuing treatment under FMLA?
Continuing treatment can include regular visits to a psychiatrist, therapist, or other qualified healthcare provider. It also includes following a prescribed course of medication or therapy. The key is that you are actively engaged in treatment for your depression.
How much does it cost to take FMLA leave?
FMLA leave is unpaid, meaning you won’t receive your regular salary during your leave. However, your employer must continue to provide group health insurance coverage as if you were still working. You may be responsible for paying your portion of the insurance premiums. You may be able to coordinate FMLA leave with accrued paid time off (PTO) or disability benefits, depending on your employer’s policies and the availability of state or private disability insurance.
What if I need FMLA leave intermittently?
FMLA allows for intermittent leave, meaning you can take leave in separate blocks of time or by reducing your work schedule. This can be helpful for managing depression, as you might need to take time off for appointments, therapy sessions, or during periods of increased symptoms. You must provide medical certification that intermittent leave is necessary.
Can my employer contact my healthcare provider directly?
Your employer can contact your healthcare provider to authenticate the certification form and clarify information, but they need your permission. They cannot ask for additional medical information beyond what is provided on the certification.
What documentation is required to support my FMLA request for depression?
The primary documentation is the certification form provided by your employer and completed by your healthcare provider. This form needs to clearly demonstrate that your depression meets the criteria of a serious health condition under FMLA.
What if my employer doesn’t believe I’m really depressed?
Your employer’s belief is not the determining factor. If your healthcare provider has certified that you have a serious health condition that prevents you from performing your job duties, and you meet the eligibility requirements, you are entitled to FMLA leave. However, employers do have the right to request a second opinion (at their expense) if they have reason to doubt the validity of the certification.
How long do I have to return to work after my FMLA leave?
You generally have the length of your approved FMLA leave to return to work. If you need more time, you should communicate with your employer and potentially request an extension, though there is no guarantee it will be granted. Failing to return to work at the end of your approved leave could result in termination.
Can I use FMLA leave to care for a family member with depression?
Yes, if your family member (spouse, child, or parent) has a serious health condition that qualifies under FMLA, and they require your care, you can use FMLA leave to care for them. You will need to provide medical certification for your family member’s condition.
What if I have already used all my FMLA leave this year?
Unfortunately, FMLA provides a maximum of 12 weeks of leave per year. If you have already used all your leave, you may need to explore other options, such as taking unpaid leave under your employer’s policies, or applying for short-term or long-term disability benefits.
Will taking FMLA leave affect my performance reviews?
Taking legitimate FMLA leave should not negatively affect your performance reviews. Employers are prohibited from discriminating against employees for taking FMLA leave. However, if your job performance was already unsatisfactory prior to taking leave, those issues could still be addressed in your review.
Is FMLA the only type of leave I can take for depression?
No, FMLA is one option, but you may also be eligible for other types of leave, such as short-term or long-term disability benefits, state-mandated leave programs (depending on your state), or unpaid leave under your employer’s policies. Explore all available options to determine the best course of action for your situation.