by The Department of Labor (DOL) just issued a new fact sheet on “Mental Health Conditions and the FMLA.” https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health. The fact sheet reminds employers that mental health conditions are considered a qualifying ‘serious health condition’ under the Family and Medical Leave Act if they require either inpatient care (including an overnight stay at medical care facility or treatment center) or continuing treatment by a health care provider. Employers are also directed to refreshed FAQs that address common FMLA and mental health questions, including several examples of FMLA application. https://www.dol.gov/agencies/whd/fmla/mental-health.
The DOL resources detail how the various FMLA terms apply when dealing with mental health and related conditions. For example, the fact sheet covers what constitutes ‘continuing treatment,’ as the term applies to mental health conditions:
- Conditions that incapacitate someone for more than three consecutive days and require either multiple appointments with a health care provider or a single appointment and follow-up care; and
- Chronic conditions that cause occasional periods when the person is incapacitated and requires treatment at least twice a year.
The FMLA resources also cover situations where the employee is seeking leave due to the need to care for relatives, noting that ‘providing care includes providing psychological comfort and reassurance that would be beneficial to the family member with a serious health condition.’
The new fact sheet and refreshed FAQs are a good review of FMLA obligations. Employers who administer their FMLA compliance directly will want to include the information in staff training. Employers that use third-party administrators to support FMLA compliance may wish to discuss the new guidance with the vendor. It is likely the vendor is aware of the latest information, but employers should remember that they are liable for the actions of their FMLA vendors. A quick review of vendor compliance may be beneficial.
