Mental Health Days: Can I Take Sick Leave for Mental Health?

Balancing work responsibilities with mental health can be challenging. The question, “Can I take paid leave to treat my mental health condition?” has become common, especially with an uptick in open communication about mental health within the workplace.

Prioritizing mental health is a strategy that benefits employers as well. From enhanced productivity to better talent acquisition, the importance of investing in employee well-being cannot be overstated.

According to the Centers for Disease Control and Prevention (CDC), mental illnesses are commonplace, affecting 1 in 5 adults. However, access to paid leave for mental health treatment depends primarily on factors like the workplace and the employment policies in place.

Understanding Your Legal Rights

At present, there is no federal law in the U.S. that mandates paid mental health leave for private employers. However, other laws may provide coverage for mental health challenges.

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year for serious health conditions, including mental health issues. This can mean taking either continuous or intermittent leave. To qualify, your company must have at least 50 employees within a 75-mile radius, and you must have worked there for at least a year with 1,250 hours logged.

What qualifies as a serious health condition?

Inability to perform job duties for three consecutive days with ongoing treatment.
Overnight stays in a medical facility.
A chronic condition requiring at least two medical treatments per year.

To ensure eligibility, you will need documentation from a healthcare provider certifying your condition and treatment.

Paid Sick Leave (PSL)

Most employers offer paid time off or sick leave. In states with paid sick leave laws, employees are entitled to a minimum number of hours of paid sick leave per year, which can be used for mental health. Eligibility varies by state.

States with Paid Sick Leave Laws

As of 2024, 18 states, along with the District of Columbia (D.C.), require employers to provide paid sick leave, including leave for mental health reasons. These states include: