The Wage and Hour Division (WHD) of the DOL released new guidance regarding mental health and leaves of absence under the FMLA. Under Fact Sheet #280, the guidance reiterates that an eligible employee is able to take a “job-protected leave under the FMLA” for “serious health condition[s] or to care for a spouse, child or parent because of a serious health condition.” The guidance also clarifies that serious health conditions include both physical and mental health conditions that require: 1) inpatient care or 2) ongoing treatment by a healthcare provider.