> and read any resources you may have on this subject,
If anything, I'd suggest reading up on the details of FMLA.
FMLA is not, for example, a free pass to take time off as needed, or regularly.
The wording of FMLA is more about recovering from an illness. Someone who routinely becomes overwhelmed with work and needs extra time off is going to have a hard time arguing that it's actually FMLA protected leave.. FMLA will specifically exclude things like taking time off for routine medical care, because it's specifically not for those purposes.
> LEAVE FOR MENTAL HEALTH CONDITIONS UNDER THE FMLA
> An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition.
> Mental and physical health conditions are considered serious health conditions under the FMLA if they require 1) inpatient care or 2) continuing treatment by a health care provider.
> A serious mental health condition that requires inpatient care includes an overnight stay in a hospital or other medical care facility, such as, for example, a treatment center for addiction or eating disorders.
> A serious mental health condition that requires continuing treatment by a health care provider includes—
> Conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, either multiple appointments with a health care provider, including a psychiatrist, clinical psychologist, or clinical social worker, or a single appointment and follow-up care (e.g., prescription medication, outpatient rehabilitation counseling, or behavioral therapy); and
> Chronic conditions (e.g., anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is incapacitated and require treatment by a health care provider at least twice a year.
> REASONS FOR LEAVE
> Leave for the Employee’s Mental Health Condition
> An eligible employee may take up to 12 workweeks of leave for their own serious health condition that makes the employee unable to perform their essential job duties.
> Example:
> Karen is occasionally unable to work due to severe anxiety. She sees a doctor monthly to manage her symptoms. Karen uses FMLA leave to take time off when she is unable to work unexpectedly due to her condition and when she has a regularly scheduled appointment to see her doctor during her work shift.
If anything, I'd suggest reading up on the details of FMLA.
FMLA is not, for example, a free pass to take time off as needed, or regularly.
The wording of FMLA is more about recovering from an illness. Someone who routinely becomes overwhelmed with work and needs extra time off is going to have a hard time arguing that it's actually FMLA protected leave.. FMLA will specifically exclude things like taking time off for routine medical care, because it's specifically not for those purposes.