Author: John Carter

Fact Sheet #28O: Mental Health Conditions and the FMLA U S. Department of Labor

On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is nearly identical (equivalent). If an employee fails to submit a properly requested fitness-for-duty certification, the employer may delay job restoration until the employee provides the certification. If the employee never provides the certification, he or she may be denied reinstatement. Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.

LEAVE FOR YOUR OWN SERIOUS HEALTH CONDITION

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The Business Case for Supporting Recovery

By adhering to the FMLA and giving employees the chance to take care of themselves and their sobriety, an employer may see their office morale and productivity boost, and they’ll be helping to save an employee’s life in the process. However, this doesn’t mean an employer must forgive all transgressions from an employee who is using drugs. The Huffington Post suggests that employers draft a Return to Work agreement for employees entering treatment, which outlines the behavioral and performance expectations for the employee after they get sober. Some employers may look at the brass tacks of the FMLA and balk (12 whole weeks of leave?!), but the act helps to promote productivity in the workplace and a healthier workforce. After all, a 1996 report in the Social Science Journal, cited by the United States Commission on Civil Rights, asserted that as many as 25 percent of Americans sometimes come to work under the influence of alcohol or an illicit drug.

Family Medical Leave Act (FMLA) for Alcohol and Drug Rehab Guide

1. It should be noted that the 12 months of employment need not be consecutive to meet this FMLA requirement.
2. A stable life, including a support system and a steady job, is essential to a healthy recovery.
3. The regulations clarify this definition by defining “periodic visits” as at least twice a year.
4. For an airline flight crew employee on reserve status, it is the minimum number of hours for which an employer has agreed to pay the employee for any given month.
5. If the employee does not choose to substitute applicable accrued paid leave, the employer may require the employee to do so.

Andrea uses FMLA leave for two to three days every few months to care for her spouse when her spouse has Multiple Sclerosis flare-ups. Angelle learns that her mother, Mira, has been struggling with shortness of breath, fatigue, and chest discomfort for several days. Mira saw her doctor after she was ill for three days and her doctor recommended a few more days of rest and prescribed an antibiotic. Angelle uses two days of FMLA leave to care for Mira while she is incapacitated from her illness. At Archstone Behavioral Health our mission is to offer readers the most precise and up-to-date information on addiction and behavioral health as possible. Our licensed medical reviewers, specializing in mental health and addiction medicine, are devoted to assisting readers and potential clients in making informed decisions about their treatment.

Neila needs to take two hours of FMLA leave for a treatment appointment for her serious health condition. Neila would like to substitute paid sick leave for her absence, but her employer’s sick policy only permits employees to take sick leave in full days. As with all employers covered under the FMLA, an employer of an airline flight crew employee must observe any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA. Conversely, the rights established by the FMLA may not be diminished by any employment benefit program or plan.

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Under the regulations, employers may contact an employee’s health care provider for authentication or clarification of the medical certification by using a health care provider, a human resource professional, a leave administrator, or a management official. In order to address employee privacy concerns, the regulations makes clear that in no case may the employee’s direct supervisor contact the employee’s health care provider. In order for an employee’s HIPAA-covered health care provider to provide an employer with individually-identifiable health information, the employee will need to provide the health care provider with a written authorization allowing the health care provider to disclose such information to the employer. Employers may not ask the health care provider for additional information beyond that contained on the medical certification form. Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as not disrupt the employer’s operations, subject to the approval of the employee’s health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.

For practical purposes, some mental health conditions may satisfy both the definition of “disability” and the definition of “serious health condition,” even though the statutory tests are different. A serious mental health condition that requires inpatient care includes an overnight stay in a hospital or other medical care facility, such as, for example, a treatment center for addiction or eating disorders. Mental and physical health conditions are considered serious health conditions under the FMLA if they require 1) inpatient care or 2) continuing treatment by a health care provider. If the covered servicemember’s need for care extends beyond the expiration date specified in the ITO or ITA, the regulations permit an employer to require an employee to provide certification for the remainder of the employee’s leave period. Employees must provide sufficient information for an employer to reasonably determine whether the FMLA may apply to the leave request. A disability under the ADA is a mental or physical condition that substantially limits one or more of the major life activities of an individual, such as working.

When you take FMLA leave to attend rehab, your job is protected for the duration of your treatment. While you’re in rehab, whether outpatient or inpatient, your employer can’t fire or demote you for taking time off to focus on your recovery. Your health benefits continue as usual, ensuring your medical coverage remains intact. It is also important to note that neither the FMLA or the ADA cover individuals who are currently using drugs. If an individual’s addiction interferes with their ability to do their job, it is within an employer’s rights to terminate the person.

This fact sheet explains when a mental or physical illness, injury, or other condition meets the FMLA’s requirements as a serious health condition. FMLA also ensures that, although the leave is unpaid, you still have access to the health benefits your employer provides. Still, your employer may ask you to provide certification from a healthcare professional that explains why you need time off work and when you’ll be back. Serious health conditions include chronic illnesses that occasionally make you unable to work but also more immediate conditions that would require overnight stays at a hospital. Reach out to us today to learn more about our substance abuse treatment programs in Florida or to get started with a confidential, risk-free assessment. Whether you’re attending an inpatient rehab facility or participating in an outpatient program, both types of treatment may qualify for FMLA protection as long as they’re deemed necessary by a medical provider.

Accordingly, an airline flight crew employee re-employed following USERRA-covered service has the hours that would have been worked for or paid by the employer added to any hours actually worked or paid during the previous 12-month period to meet the hours of service requirement. In order to determine the hours that would have been worked or paid during the period of absence from work due to or necessitated by USERRA-covered service, the employee’s pre-service work schedule can generally be used for calculations. An eligible employee who works for a covered employer may use military caregiver leave under the FMLA to care for a relative who is a covered veteran undergoing treatment, recuperating, or in therapy for a serious injury or illness. A serious injury or illness is one that was incurred in the line of duty when the veteran was on active duty in the Armed Forces, including any injury or illness that resulted from the aggravation of a condition that existed before the veteran’s service in the line of duty on active duty. The condition may manifest itself during active duty or may develop after the servicemember becomes a veteran, as may be the case with PTSD, a traumatic brain injury (TBI), or depression, for example.