Can I take FMLA leave to care for a family member with a mental health condition?
In California, the Family and Medical Leave Act (FMLA) can be used to provide family members with up to 12 weeks of job-protected leave in a 12-month period to care for a family member with a certain medical or mental health condition. This leave may be taken to care for a family member who has a serious health condition, including a mental health condition. To be eligible for FMLA leave in California, an employee must have worked for their employer for at least 12 months and have worked 1,250 hours during the 12 months prior to the start of their leave. In addition, the employee’s employer must have 50 or more employees within a 75-mile radius. It is important to note that employers may require documentation to verify the employee’s need to take the leave. Such documentation could include a note from a mental health care professional certifying the individual’s need for care, or a letter from the employee’s health care provider or a family member with knowledge of the individual’s condition. When an employee takes FMLA leave to care for a family member with a mental health condition, they are entitled to the same job and job benefits they had before they took leave. In addition, the employee’s employer must continue to provide the employee with health care benefits throughout their FMLA leave.
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