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Although it isn’t automatic, employees may be eligible for leave under the federal Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) for depression, anxiety and/or stress under certain circumstances.
Not all claims of mental stress are eligible for these leaves, but if a doctor examines the individual and completes and signs a medical certification that the individual is incapacitated by mental stress, the employee may be eligible for the leave.
Indeed, FMLA (mirrored in this respect by the CFRA) states that “a serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care… or continuing treatment by a health care provider….”
Remember that to qualify for both leaves, employees have to have worked for the employer for a year or more, and to have worked at least 1,250 hours in the immediately preceding year.
FMLA covers employers with 50 or more employees within 75 miles. CFRA, however, covers employers with five or more employees, and they don’t have to work within 75 miles of each other, so the employee count may be an easy requirement to satisfy.
Read more about Certification for Family and Medical Leave in the HR Library.