U.S. Department of Labor Releases Updated Guidance on FMLA Leave for Mental Health

The U.S. Department of Labor recently clarified the use of FMLA leave for mental health conditions with the release of Fact Sheet #28O, dated May 1, 2022. This guidance explains that eligible employees may take leave for serious mental health conditions that require inpatient care or ongoing treatment by a healthcare provider, while also outlining employer responsibilities regarding confidentiality and protection from retaliation.

In addition to the fact sheet, a set of Frequently Asked Questions was published to further detail when and how FMLA leave applies. Released in early June 2022, these FAQs offer scenarios—ranging from severe anxiety to caregiving for family members with mental health challenges—to help employers understand their obligations and support the mental well-being of their workforce.