Can you get FMLA for Depression?

Depression can make it genuinely difficult to function at work, let alone perform at the level your job requires. The answer is yes, in many cases depression qualifies for FMLA leave. Knowing how the law defines a “serious health condition,” what documentation you’ll need, and how to access the mental health treatment you need can help you take that step with confidence.

Yes, Depression Can Qualify for FMLA Leave

The U.S. Department of Labor treats mental and physical health conditions equally under the FMLA. A mental health condition is considered a serious health condition if it requires either inpatient care or continuing treatment by a health care provider. Depression commonly falls into the continuing treatment category, meaning regular care from a therapist, psychiatrist, or other provider can support a qualifying claim. 

How Depression Meets the “Serious Health Condition” Standard

There are two main ways depression can qualify:

Inpatient Treatment

An overnight stay in a hospital or psychiatric center for depression, qualifies as a serious health condition. 

Outpatient Treatment

Chronic conditions like depression that cause occasional periods of incapacity and require treatment from a provider at least twice a year can also meet the standard of a serious health condition, if they interfere with your ability to work and this is documented by a clinician.

This means you don’t need to be hospitalized to qualify. Regular outpatient therapy or psychiatric care, combined with documented impact on your ability to work, can be enough.

Does My Employer Need to Know My Diagnosis?

No. An employer cannot require an official diagnosis of a mental health disorder in order to approve FMLA leave. A certification from a health care provider supporting the need for leave is sufficient, even without a specific diagnosis listed. That said, your provider will need to confirm that your condition meets the FMLA’s criteria. 

What to Know About Using FMLA for Depression Treatment

Here are more key points to be aware of, if you or someone you care about is considering using FMLA to receive treatment for depression in New Jersey or anywhere else in the U.S.

What to Know About Using FMLA for Depression Treatment

Beyond the medical qualification, you’ll need to meet standard FMLA eligibility rules:

• You’ve worked for your employer for at least 12 months
• You’ve worked at least 1,250 hours in the 12 months before your leave starts
• Your employer has at least 50 employees within 75 miles of your worksite, or is a public agency or school.

If you meet these requirements and your depression qualifies as a serious health condition, your employer is generally required to grant the leave.

How Much Leave Can You Take for Depression Treatment?

Eligible employees can take up to 12 workweeks of FMLA leave in a 12-month period for their own serious health condition, including depression. This leave can be taken all at once or, in many cases, intermittently. Intermittent leave can cover individual therapy appointments, psychiatric visits, or unplanned days when symptoms make it impossible to work.

What FMLA Does and Doesn’t Cover

FMLA leave is unpaid, though it can run alongside paid leave your employer offers, as well as short-term disability benefits. Your job and group health benefits are protected during the leave, and you’re entitled to return to the same or an equivalent position afterward. FMLA does not, on its own, provide income replacement, so many people pair it with short-term disability coverage if it’s available.

Protecting Your Privacy

Your employer is required to keep your medical information confidential and stored separately from your general personnel file. You’re not obligated to disclose your specific diagnosis to your employer, only enough documentation for your provider to certify that your condition qualifies.

Frequently Asked Questions About FMLA and Depression

Can my employer deny FMLA leave for depression?

If you meet the eligibility requirements and your provider certifies that your depression meets the serious health condition standard, your employer generally cannot deny the leave.

Do I have to tell my employer I have depression?

No. You’re not required to disclose a specific diagnosis. Your provider’s certification of the need for leave is generally sufficient.

Can I use FMLA leave for outpatient treatment, or only inpatient care? 

Yes. Outpatient treatment for mental health can qualify as continuing treatment under the FMLA, not just psychiatric hospital-based care.

Mindful Support for Depression in Princeton, NJ

If depression is affecting your ability to work and function day to day, you don’t have to manage it without support. The Living Room at Princeton offers outpatient mental health treatment for adults and adolescents, with individualized care designed to help you feel like yourself again.

Reach out today to learn more about your options.

Sources:

1. Mental Health and the FMLA — U.S. Department of Labor
2. Current Federal, State, and Local Policies to Support Family Caregivers — National Library of Medicine
3. Work re-entry and functioning in people with major depression: a longitudinal study of supported employment participants — National Library of Medicine