Can Employees Take Paid Leave for Depression, Anxiety, or Other Mental Health Conditions?
The question of who can access paid leave for a mental health condition depends on several factors, from the place of employment to the place of work.
“Can I take paid leave to treat my mental health condition(s)?”
It’s a question that comes up often for both employers and employees alike, especially in an age where people have become much more comfortable discussing mental health in the workplace.
And for good reason. According to the Centers for Disease Control (CDC), over 1 in 5 adults suffer from some form of mental illness, many of whom are completely debilitated as a result.
However, the question of who can access paid leave for a mental health condition depends on several factors, from the place of employment to the place of work.
Let’s take a look at the current landscape of paid leave as it relates to mental health in the United States at the federal and state level, and the direction employers themselves are headed to stay competitive when it comes to providing mental health benefits to employees.
Is There a Federal Law That Provides Paid Mental Health Leave?
No. There is no paid leave law at the federal level for private employers.
The Family Medical Leave Act (FMLA) only provides unpaid leave to eligible employees of covered employers who have “serious medical conditions.” You can learn more about FMLA requirements and what constitutes an “eligible employee” or “covered employer” here.
It’s important to note that although the FMLA only provides unpaid leave, it serves the important function of protecting the jobs of those who need an extended amount of time to address a serious illness, providing a source of income for employees upon returning to work.
States with Paid Sick Leave Laws
As of 2024, there are 18 states, in addition to the District of Columbia (D.C.), that require employers to provide paid sick leave, which includes leave for mental health reasons. These states include:
| Arizona | Minnesota |
| California | Nevada |
| Colorado | New Jersey |
| Connecticut | New Mexico |
| Illinois | New York |
| Maine | Oregon |
| Maryland | Rhode Island |
| Massachusetts | Vermont |
| Michigan | Washington (State) |
*In addition to the above states, Washington D.C. also has a paid sick leave law.
Source(s): GovDocs, received on August 29, 2024.