Can You Take a Leave of Absence for Mental Health in California?

It comes as no surprise that now, more than ever, Californians are dealing with more mental health issues than any generation before. From the stress of work to juggling the delicacies of personal life to always having access to the latest news, we are under an immense load of physical and mental stress. For workers in California who experience these overwhelming feelings, many wonder, “Can you take a leave of absence for mental health in California?”

At Briana Kim, PC, our team of qualified employment lawyers knowledgeable in leave of absence cases is here to answer that question. Thanks to both state and federal laws, yes, you may be entitled to receive some kind of protected job leave if your mental health or stress keeps you from being able to perform the necessary duties of your job. However, it is wise to keep in mind that, in most cases, this kind of leave will go unpaid. If your employer retaliates against you for taking this leave, we can help.

Seeking Mental Health or Stress Leave in California

In California, 5,556,000 adults have a mental health condition. That is a staggering number, as it is six times the population of the entire city of San Francisco. In California, if your mental health condition keeps you from being able to carry out the necessary duties of your job, then you may actually be eligible to receive mental health or stress leave. This kind of leave is available under both the Family and Medical Leave Act and the California Family Rights Act.

Keep in mind, however, that both of these kinds of leave are not paid leave, and not everyone is eligible to take them. However, if you do qualify to take this kind of leave, you must be able to prove that the stress you experience in your workplace is severe enough to warrant a serious mental health condition.

Under the Family and Medical Leave Act or FMLA, individuals are afforded unpaid, job-secure leave so that they can take the following actions:

• Bond with a new child or baby, either through birth, foster care, or adoption
• Treat or recover from their own serious health condition, such as a mental health condition
• Care for a family member, such as a spouse, parent, or child, who is suffering from a serious health condition

This leave can last up to twelve weeks in a twelve-month period, and it is also important to keep in mind what counts as a “serious health condition.” According to the FMLA, a serious health condition is any physical or mental health condition that requires continuous treatment and care by a medical care provider or care from a residential medical facility or hospital.

In order to meet the requirements of mental health leave under FMLA, you will need to provide certification from your healthcare provider. This certification must include information such as:

• How long your mental health condition is likely to last
• The date on which the stress or mental health condition began
• Any medical facts pertaining to the stress or mental health condition, or symptoms
• If any of the necessary treatments for the condition will interfere with work

You may also be eligible to take mental health leave under the California Family Rights Act, or CFRA. This is a state program that is similar to the FMLA; however, more people can become eligible under the CFRA than FMLA. The CFRA can supply individuals with unpaid, job-protected leave for individuals who suffer from mental health conditions that cause them to become unable to work.

In order to be eligible for leave under CFRA, you must have worked for your employer for at least one calendar year, have worked at least 1,250 hours in the last year, and work for either a public agency or a private employer that has at least, if not more, five employees. To qualify for a mental health condition for leave under CFRA, you must be receiving inpatient care for the condition or continuing treatment from a medical care provider.

FAQs

Can I Get Paid Sick Leave for Mental Health in California?

Under the Healthy Workplaces, Healthy Families Act of California, you may be able to use accrued paid sick leave for any reason related to your mental health or stress conditions. This could include being allowed to take leave to attend counseling or therapy, or taking a mental health day in order to recover from burnout or stress.

Will I Be Protected Against Workplace Retaliation?

When suffering a mental health condition that causes you to become unable to do your job, you may fear the stigma that surrounds these conditions or may become worried that your employer will retaliate against you for taking necessary leave. California law protects you from this kind of behavior or treatment from your employer.

What Counts as a Mental Health Condition?

Under the Family and Medical Leave Act and the California Family Rights Act, a mental health condition is a serious health condition that requires inpatient care or continuous treatment from a healthcare provider. Certain conditions might include major depressive disorder, general anxiety disorder, bipolar disorder, or other chronic mental health or stress conditions.

Can a Hostile Work Environment Cause a Mental Health Condition?

Yes, suffering in a hostile environment at work can cause you to deal with a mental health condition. In California, a hostile work environment occurs when a worker suffers from undue treatment, harassment, discrimination, or misconduct that becomes so severe or pervasive that they are no longer able to perform the necessary duties of their job. This can cause an individual to suffer from a mental health condition.

Speak with a Korean-American California Leave of Absence Lawyer Today

If you are suffering from a serious mental health or stress condition and feel as though it is affecting your ability to work, the team at Briana Kim, PC is here to support you. Contact our offices today to learn more about our legal services, how we can fight for you, and to schedule a free consultation.