According to the CDC, 1 in 5 adults in America deals with mental health issues in a given year, and over 50% will be diagnosed with a mental disability in their lifetime. Mental disabilities may create additional challenges in many aspects of life, but they should not impact your status in the workplace. In Los Angeles, individuals who qualify are entitled to take job-protected leave under state and federal employment laws.
Understanding Mental Health Leave in the Workplace
Individuals who qualify are entitled to take mental health leave from work, with the assurance that their job will be there when they return. In order to qualify for job-protected leave under California law, you must be experiencing a mental disability. A mental disability is considered to be a condition that limits a major life activity and must be verified by a medical professional. There are many recognized mental disabilities, including but not limited to addiction, stress, anxiety, ADHD, bipolar disorder, depression, and PTSD. Mental disability is not necessarily a permanent state; it can be short-term or long-term, and one can become disabled or non-disabled during the course of one’s employment.
The Federal Family and Medical Leave Act (FMLA) provides eligible employees with the right to take job-protected leave from work. Under the FMLA, employers with 50 or more employees are required to provide disabled employees who qualify with up to 12 weeks of job-protected leave. In order to qualify for FMLA leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year.
California state law provides more extensive protection than federal law. In California, employers with 5 or more employees are required to provide employees suffering from a mental or physical condition who qualify with up to 12 weeks of job-protected leave under the California Family Rights Act (CFRA). CFRA leave also covers employees who need to take leave to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying disability or medical condition. In order to qualify for CFRA leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year.
If you qualify for FMLA or CFRA leave, your employer must provide you with up to 12 weeks of protected medical leave over each 12-month period. Your employer is required to hold open your job, or a substantially similar job, for you to return to upon being released to return to work from the protected medical leave. During protected medical leave, employees are not entitled to receive pay. If you require more than 12 weeks of leave, your employer may be obligated to provide additional time off in the form of a reasonable accommodation if it is not unduly burdensome for them to do so.
Can You Take a Leave of Absence for Mental Health Conditions in Los Angeles?
California’s employment laws are among the strongest and most comprehensive in the United States, offering greater protections for workers than most other state and federal laws. This is particularly true when it comes to medical leave; California Family Rights Act (CFRA), sick leave, and paid family leave programs offer expanded protections when compared to other state and federal laws. If you live and work in Los Angeles, you are covered by California’s extensive employment laws and may be more likely to be entitled to take a leave of absence for mental health than employees living and working in other areas.
Whether or not you qualify for a mental health leave of absence in LA depends on whether or not you meet California’s eligibility requirements. An employment lawyer specializing in medical leave law may be able to help you assess whether or not you qualify for job-protected medical leave.
Eligibility Requirements for Mental Health Leave
Whether or not you are eligible for job-protected leave in Los Angeles depends on the mental condition you are experiencing. In order to qualify for a leave of absence for mental health, you or a family member in your care must be experiencing a mental disability that limits a major life activity. The circumstances of the mental condition must be verified by a medical professional.
Whether or not you are entitled to job-protected leave in Los Angeles also depends on your employment status. In order to qualify for mental health leave under the California Family Rights Act (CFRA), you must have worked at least 1250 hours for the employer over the past year, and your employer must employ at least 5 employees. If you have not worked 1250 hours for your employer, or they employ fewer than 5 individuals, you may not be covered under California law. Contract workers are not protected by the CFRA.
Step-by-Step: How to Request a Mental Health Leave under the California Family Rights Act
- Consult with a doctor, psychologist, therapist, or other healthcare professional regarding your mental health condition. Your healthcare provider may recommend taking leave as part of your course of treatment. In this case, they will provide a medical note stating that you require medical leave. The note should include the duration of the mental health leave.
- Review your rights under Federal and California State Law, and review company policy. Before contacting your employer about your intent to request leave, it is important that you understand your legal options under the California Family Rights Act (CFRA), and that you are familiar with company policies regarding how to request leave. Depending on the size and structure of your employer, there may or may not be specific channels through which to request leave.
- Inform your employer of your intent to take a mental health leave. Provide them with your doctor’s note and any details regarding your leave, such as when you intend to go on leave and the duration of leave. Your employer should engage in good faith to accommodate your mental health leave
- You do not need legal counsel when requesting and taking a mental health leave of absence, but you may need the support of an attorney if your request for leave is delayed or denied, or if you experience any discrimination or retaliation for requesting leave. An attorney will be able to advocate for you in the event that your employer fails to accommodate your need for mental health leave and help you access needed resources such as therapy.
Unpaid and Paid Leave Options Available in California
Unpaid Job-Protected Leave Options
Family Medical Leave Act (FMLA): Under federal law, employers with 50 or more employees are required to provide disabled employees who qualify with up to 12 weeks of job-protected leave under the Family Medical Leave Act (FMLA). In order to qualify for FMLA leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year. While you are not paid during FMLA leave, it ensures that your job will be available to you when you return. You retain the right to apply for supplemental pay, such as State Disability Insurance, while on leave.
California Family Rights Act (CFRA): In California, employers with 5 or more employees are required to provide disabled employees who qualify with up to 12 weeks of job-protected leave under the California Family Rights Act (CFRA). The CFRA covers employees who need to take leave to care for a child, spouse, partner, parent, grandparent, grandchild, or sibling dealing with a qualifying serious health condition. In order to qualify for CFRA leave, an employee has to have worked a minimum of 1250 hours for the employer over the past year. While you are not paid during FMLA leave, it ensures that your job will be available to you when you return. You retain the right to apply for supplemental pay, such as State Disability Insurance, while on leave.
Extended Reasonable Accommodations: If you require more than 12 weeks of leave in order to recover, your employer may be obligated to provide additional time off in the form of a reasonable accommodation if it is not unduly burdensome for them to do so.
Paid Leave Options
Paid Sick Leave (PSL): California Law requires employers to provide employees with at least 40 hours of paid sick leave per year. Employees can use their sick time to care for a range of issues, including personal illness, family care, and preventative treatment. Paid sick leave can be used for a mental health day.
State Disability Insurance (SDI): California State Disability Insurance provides short-term wage replacement for eligible workers who are on leave due to illness, including a mental health crisis. SDI also includes Paid Family Leave, which offers partial wage replacement to workers who need to take time off to care for a seriously ill family member.
Your Legal Rights and What to Expect When Returning to Work
Federal and California state laws make disability discrimination and retaliation for requesting or taking leave illegal. Your employer may not discriminate or retaliate against you for requesting an accommodation or taking medical leave. If your employer takes any adverse action against you for requesting or taking medical leave, they have broken the law. You should never be punished or negatively impacted for taking leave once you return to your job.
If you have experienced discrimination or retaliation at work, you may be entitled to compensation under federal and state laws. If you have questions about how or when to request an accommodation, if you have been wrongfully denied an accommodation, or if you have been retaliated against for requesting an accommodation, reach out to an employment attorney. Navruz Avloni is an experienced employment attorney dedicated to advocating for employee mental health and well-being.