Craig Levey, an employment lawyer, shares how employees can approach taking time off for their mental health.
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This as-told-to essay is based on a conversation with Craig Levey, an employment law attorney in Boston, about how employees can request leave from work for mental health reasons. The following has been edited for length and clarity.I've noticed an explosion of workers who are taking leave for mental health reasons, including anxiety, depression, and suicidal ideation. It's become one of the top issues I'm dealing with in terms of employment law.People are saying, "I'm struggling with these issues. I've met with my physician or my therapist, and I've been diagnosed. It's affecting my job. Do I qualify for leave?"A lot of people don't really know where to start looking. Here are the steps I suggest they take.1. Know your optionsFirst, get educated. Do your research before you start communicating with the employer regarding leave, because you want to know what your options are, rather than going into it without that information.You'll want to look at their state and federal laws, and consult with an employment law attorney in your state.The employee should also figure out what options they have in their employee handbook. Their company may offer short-term disability leave, or they may qualify for leave because they have a serious health condition under the Family and Medical Leave Act (FMLA), which is also a federal law.That works in conjunction with the Americans with Disabilities Act (ADA) in determining whether you have a disability and whether you can request reasonable accommodations for that disability.2. Gather evidenceIt depends on what law or policy you're trying to invoke, but in many cases, companies want supporting evidence that you have a serious medical condition or a disability.
