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The Family Medical Leave Act (FMLA) protects workers needing extended time off to care for an ill loved one or their own mental and physical wellbeing. While someone recovering from surgery is an apparent reason for offering FMLA, time off for mental health can be a less clear area to navigate for many human resources (HR) departments. Mental health conditions requiring ongoing or extensive treatment may fall under the FMLA.

Determine eligibility

The U.S. Department of Labor released a fact sheet to address questions about using FMLA while treating a mental health condition. It defines an eligible employee as one who has worked a minimum of 1,250 hours for the same company during the past twelve months. The employer must also have 50 or more workers.

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