Do you qualify for FMLA?
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.
The three eligibility tests
You need all three. First, your employer must have 50 or more employees within 75 miles of your worksite. Second, you must have worked there for at least 12 months (not necessarily consecutive). Third, you must have worked 1,250 hours over the last 12 months, which is about 24 hours a week.
What counts as a serious health condition
Mental health conditions absolutely qualify. The law covers conditions that involve inpatient care or continuing treatment by a healthcare provider. Major depression, severe anxiety, PTSD, CPTSD, bipolar disorder, and treatment for substance use all qualify when documented by a provider.
If you do not qualify for FMLA
Your state may have its own leave law with lower thresholds. The ADA (Americans with Disabilities Act) covers employers with 15 or more employees and requires reasonable accommodations for mental health conditions, which can include unpaid leave. Start with our mental health guide below.
Do these before moving on
For survivors of childhood trauma
Complex trauma is a qualifying condition
CPTSD is recognized clinically even though it is not yet a separate DSM-5 diagnosis. Your provider can certify it under PTSD, major depression, or anxiety. What matters legally is that a licensed healthcare provider says your condition is serious and requires ongoing treatment.
Read: The Science of ACEs and adult health