Family and Medical Leave Act for Depression

Up to 19 million Americans suffer from severe depression in any given year, according to E Medicine Health. Of course, many depressed people still go to work and function well enough on the job, but some have trouble working while very depressed. The Family and Medical Leave Act, or FMLA, allows many employees to take time off work due to depression without fear of losing their jobs.

Effects of Depression on Work Performance

Depressed employees sometimes have trouble just getting up and dressed and out the door in the morning, but if they do get to their jobs, their performance may suffer greatly. Depressed people often have trouble concentrating on tasks and have problems with short-term memory. They may appear distracted or seem to not pay attention to detail. They may make many seemingly careless mistakes. They may be more emotional than usual and cry easily. They may be irritable or get angry easily. Severely depressed people sometimes experience something called psychomotor retardation, which means they move much more slowly than usual. This creates problems in fast paced work environments. Employees in stressful occupations may have even more difficulty than those in more relaxed jobs.

Eligibility

Not all depressed employees are eligible for the Family and Medical Leave Act. To qualify, employees must work for a company that has at least 50 employees. They must have worked for that employer for at least one year and have worked 1250 hours or more during that year. Employees that work for government agencies or those that are in the military have slightly different rules.

What's Covered

Employees that qualify for FMLA can take as much as 12 weeks off work for any serious health problem, including psychological problems such as depression. Employers do not have to pay employees during their leave, although employers generally permit employees to use any paid sick time or vacation time they have accumulated. In order to use FMLA, employees have to require at least three days off work OR need inpatient medical treatment during their leave. After returning to work, they can use FMLA to take additional intermittent time off work to receive treatment; for instance, they can take time off work every week to go to counseling sessions.

Requesting a Leave Under FMLA

Most employers have specific forms for employees to use to request leave under the Family and Medical Leave Act. Employees' physicians must complete part of the forms, verifying that employees need to take time off due to a health problem. Physicians must state how long employees will need to be off work but they do not have to say what the employees' health problem is. Employees can decide themselves whether or not to tell employers that they are receiving treatment for depression.

Sources:

E Medicine Health. http://www.emedicinehealth.com/depression/article_em.htm . Depression.

Georgetown Law. http://www.law.georgetown.edu/workplaceflexibility2010/law/fmla.cfm . Family and Medical Leave Act.

AFSCME. http://www.afscme.org/issues/1764.cfm . Family and Medical Leave Act.

U.S. Dept. of Labor. http://www.dol.gov/whd/forms/WH-380-E.pdf . FMLA Certification Form.