了解FMLA对精神健康状况的休假

心理健康是工作场所日益受到关注的问题. 在过去的几年里, 许多员工都经历过心理健康问题, 比如倦怠, 抑郁症, 焦虑和药物滥用. 作为回应，雇主们扩大了心理健康福利, 包括增加心理健康项目, 增加时间表的灵活性, 为心理健康提供远程医疗选择，并提供更多的心理健康教育. 尽管对心理健康的关注越来越多, 员工的心理健康问题仍然普遍被忽视, 尤其是因为它们可能不像身体疾病那样明显. 然而, in reality, employees may sometimes be unable to work because of their mental health issues. 

而雇主们则采取各种方式来支持与心理健康问题作斗争的员工, it’s also important to be aware of and offer appropriate leave under the Family and Medical Leave Act (FMLA). 美国.S. Department of Labor (DOL) recently issued a fact sheet relating to an employee’s ability to use FMLA leave for their own or a family member’s mental health condition. 本文提供了FMLA的概述, DOL的指导, FMLA assistance for employees struggling with mental health issues and ways employers can support their employees.  

休假的概述

The FMLA provides job-protected leave for eligible employees of covered employers for their own or a family member’s serious health condition. 要符合资格，雇员必须: 

• 为有保险的雇主工作
• 已为受保障雇主工作最少12个月
• 在离职前的12个月内，已为受保雇主工作最少1,250小时
• Work at a location where the covered employer has at least 50 employees within a 75-mile radius 

FMLA为符合条件的雇员提供长达12周的无薪假期, 哪一种可以连续服用还是间歇服用. 雇主必须维持雇员在休假期间的团体健康福利. 在返回时, 雇员必须恢复到相同或同等的工作, 这意味着相似的工资和责任.

因精神健康问题请假

符合条件的雇员可以休FMLA假以解决精神健康问题. 根据FMLA, a mental health condition is considered a serious health condition if it requires inpatient care or continuing treatment by a health care provider. 

• 住院病人护理—A serious mental health condition that requires inpatient care includes an overnight stay in a hospital or other medical care facility, 比如成瘾或饮食失调的治疗中心. 
• 继续治疗—A serious mental health condition that requires continuing treatment by a health care provider includes the following: 
  • Conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, either multiple appointments with a health care provider or a single appointment and follow-up care. 
  • Chronic conditions that cause occasional periods when an individual is incapacitated and requires treatment by a health care provider at least twice a year. 

Some mental health conditions satisfy both of the definitions of “disability” and “serious health condition.“根据FMLA, a disability is a mental or physical impairment that substantially limits one or more major life activities. The FMLA uses the Equal Employment Opportunity Commission’s (EEOC) regulations under the Americans with Disabilities Act (ADA) to define and determine if a condition is a disability. 根据平等就业机会委员会, conditions that “should easily be concluded” to be “substantially limiting” include major depressive disorder, 双相情感障碍, 创伤后应激障碍, 强迫症和精神分裂症. Periodic conditions are considered disabilities if they substantially limit a major activity when active.

Employers may require employees to submit a certification from a health care provider to support their need for FMLA leave. 而证书不需要诊断, 所提供的资料必须足以支持休假的需要.

有精神疾病的家庭成员

FMLA允许符合条件的雇员休假照顾配偶, child or parent who is unable to work or perform other regular daily activities because of a mental health condition. Providing psychological comfort and reassurance that would benefit a family member with a serious health condition who is receiving inpatient or home care is covered under the FMLA. 

FMLA leave to provide care for a child with a serious health condition is generally limited to providing care for a child under the age of 18. 然而, a parent may use FMLA leave to care for a child 18 years and older who is in need of care for a serious health condition if the adult child is incapable of self-care due to a mental or physical disability. The disability does not need to have occurred or been diagnosed before the age of 18; it may start at any age. 

雇主的保密义务

The FMLA requires employers to keep employee medical records confidential and maintain them in separate files from regular personnel files. 雇主还必须按照其他法律的要求对雇员记录进行保密, 比如《梅高美集团4858》或《梅高美集团4858》. 然而, employers may inform supervisors and managers of an employee’s need for leave or if an employee requires work restrictions or accommodations.

员工免受报复

禁止雇主干涉, 限制或拒绝雇员行使或试图行使任何FMLA权利. This includes refusing to permit an employee to take FMLA leave or disclosing—or threatening to disclose—an employee’s or their family member’s mental condition to discourage them from taking FMLA leave. 

雇主可以支持他们的雇员

Employers can support employees struggling with mental health conditions by recognizing situations where an employee’s behavior creates difficulties or concerns at work. Employers can train managers to recognize when an employee may need FMLA leave for mental health issues. 通过和那个员工交谈, an employer can identify any assistance that may help the employee perform their job or manage their mental health. 在某些情况下, 雇主可能有义务将员工的行为视为要求休假.

Summary

通过了解FMLA对精神健康状况的要求, 雇主可以更好地支持他们的员工，避免潜在的违规行为. 在很多情况下, 雇员可能有权受到其他联邦就业法的保护, 国家家庭和医疗休假法和集体谈判协议. 相应的, employers are encouraged to discuss any specific FMLA-related questions with an employment attorney. 有关更多合规性资源，请联系德州 Medical Group. 

This 人力资源的见解 is not intended to be exhaustive nor should any discussion or opinions be construed as professional advice. ©2022 Zywave, Inc. 版权所有.