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June 10, 2022

DOL releases new guidance on Mental health leave under FMLA.

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. 

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