Family and Medical Leave Act for Depression

Up to 19 million Americans suffer from major depression each year, according to the E-Health Center. Of course, many depressed people still go to work and function quite well, but some people do work while they are very depressed. The Family and Medical Leave Act, or FMLA, allows many workers to take time off work due to depression without fear of losing their jobs.

Effects of Depression on Work Performance

Depressed workers sometimes have trouble getting up and dressed and out the door in the morning, but if they get their work done, great work can be accomplished. Depressed people often have trouble concentrating on tasks and have problems with short-term memory. They may seem distracted, or they don’t seem to be paying attention to each other. But there can be many, as it seems, errors of indifference. They may have more emotions than usual and cry easily. That they may be hot-tempered or easily angered. Severely depressed people sometimes suffer from something called psychomotor retardation, which means that they move much more slowly than usual. It causes problems in the hurry work environment. Employees in stressful occupations may have more difficulty than those in easier occupations.

Eligibility

Not all depressed workers are eligible for 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 worked 1250 hours or more in that year. Employees who work in government or agencies, or those in the military have slightly different rules.

What It Covers

Employees who qualify for FMLA can take up to twelve weeks off for any serious health problems, including psychological problems such as depression . Employers do not have to rely on their employees’ leave, although employers usually allow employees to use some sick time paid or vacation time accumulated. To use FMLA, employees need to be away from work for at least three days OR need medical treatment while on their leave. After returning to work, they can use FMLA to take time off to receive treatment; for example, they can spare days each week for counseling sessions.

Requesting leave under FMLA

Most employers have special forms for employees to use to request leave under the Family and Leave Medical Act. Employees must complete a medical portion of the forms, proving that employees have the necessary time off due to a health problem. Doctors are supposed to dictate how long employees can take off work, but they don’t have to say what the employees’ health problems are. Employees can decide for themselves whether they can tell their employers that they are receiving treatment for depression.

Sources:

From Medical Medicine. http://www.emedicinehealth.com/depression/article_em.htm. Sadness

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

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

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

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