Skip to content
LeaveRights Project
Start Here

Take mental health leave, step by step.

Seven steps. Real language. No legal jargon. This is the path from “I think I need leave” to being back at work with your rights intact.

For survivors of childhood trauma

Every step has a survivor-specific section covering records privacy, EAP risks, trauma-informed certification, and reentry. Open them inline on each step.

Start with the survivor track
  1. 1

    Do you qualify for FMLA?

    4 min

    FMLA is the federal law that gives you up to 12 weeks of job-protected leave for a serious mental health condition. Before you do anything else, confirm you are covered.

  2. 2

    Talk to your doctor

    6 min

    Your provider certifies the leave on a one-page form (WH-380-E). Before your visit, know what you need them to say and what you do not have to disclose to your employer.

  3. 3

    Notify HR

    5 min

    You do not ask permission. You give notice. This is a federal right. The notice starts the clock on your employer's legal obligations.

  4. 4

    Return the certification

    5 min

    The WH-380-E form is the pivot point. If your provider fills it out correctly, your leave is approved. If it is vague or contradictory, HR can deny it.

  5. 5

    While you are on leave

    4 min

    Your leave is protected, but you still have rights and obligations. Know what your employer can and cannot do while you are out.

  6. 6

    Pushback, retaliation, and denials

    6 min

    Most FMLA violations are not dramatic. They are small erosions: a denied accommodation, a rewritten job description, a sudden performance warning. Know the patterns.

  7. 7

    Returning to work

    4 min

    Coming back is not the end. It is the moment where rights shift from FMLA (leave) to ADA (accommodation). Plan the transition.