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Due to mental health issues caused by my workplace, I’m seriously considering taking FMLA leave and prioritizing my health.

Elaine Varelas guides on some key points to consider regarding taking FMLA leave.

Ask the Job Doc. Boston.com

September 4, 2024

3 minutes to read

Q. Thanks to a toxic boss, my job has been beyond stressful, and it’s caused me to become both depressed and anxious. I want to put in for FMLA but feel bad about 1) leaving my colleagues alone to cover for me and 2) leaving them with this boss. And yes, I’ve gone to HR already to voice my issues.

A. I’m so sorry for the situation you arein and encourage you to take care of yourself. You do need to consult with professionals and a meeting with HR was the right place to go. I’m sure they encouraged you to meet with a mental health professional as a personal assessment of anxiety and depression is not the same as a diagnosis. If your organization offers support from an EAP, utilize this resource as well. And according to Kathleen Greer, Founder of KGA, “Don’t forget that your Employee Assistance Program is still available to you while you are on FMLA. The EAP takes a wholistic look at each employee’s mental wellbeing and may have suggestions from a number of perspectives.”

Unfortunately, there are more and more instances of employees taking the Family and Medical Leave Act (FMLA) for chronic mental health conditions, including anxiety and depression. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave for a period of up to twelve workweeks in a 12-month period.

If you are working for a covered employer, you can take this kind of leave. If organizations find that more and more employees working for a specific manager are taking this kind of FMLA leave, citing mental health conditions based on anxiety, a toxic workplace, or stress due to the work environment, and they provide information about receiving treatment for their condition, human resources need to look more deeply into the workplace environment that a manager might be creating. It is important to try to identify and investigate the root cause of the workplace concerns, particularly in regard to an alleged toxic manager.

In any meeting with HR to discuss FMLA explain how your work environment is impacting your mental health. Let them know that you are planning on taking FMLA and the reasons why. After the meeting follow up with an email documenting what was discussed, including your intention to take FMLA, your mental health concerns, and any agreed-upon next steps. Remind HR of the confidential nature of the conversation. HR knows it should be confidential, but it is in everyone’s best interest to keep this top of mind.

FMLA covers broad issues of time off for the individual suffering from the related illness and a family member who may be caring for that individual as well. Under the FMLA, employers are required to keep employee medical records confidential and maintain them in separate files from more routine personnel files. Certainly, a manager needs to know that you will be away from work or that you need some kind of accommodation, but the reasons don’t have to be shared. Your specific condition should not be disclosed to coworkers. While you are concerned for your colleagues, you need to prioritize your own health.

Your employer can’t retaliate against you for having used FMLA with any type of negative comment regarding your performance or to generate a disciplinary action or to not consider you for promotions. The FMLA tests human resources managers and managers as they evaluate what the environment looks like for many employees. Human resources may want to consider bringing in an external investigator to assess the environment in a specific work area, especially if multiple employees cite the mental illness brought on by the environment in their work group as their reason to take the FMLA. It’s essential to consult with an employment law attorney to ensure that taking FMLA is allowed, and that confidentiality is maintained.

Taking FMLA for your mental health is a valid option and you should prioritize your physical and mental health. And by your taking time off from work, this might help highlight the problem and lead to an investigation. During your FMLA leave, focus on your mental health and consider your long-term career options.

Resources: Fact Sheet #28O: Mental Health Conditions and the FMLA | U.S. Department of Labor (dol.gov)

Can I use FMLA for mental health? (mhanational.org)

Paid Family and Medical Leave (PFML) overview and benefits | Mass.gov