EMPLOYMENT LAW NEWS
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.
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What States Provide Paid Family Medical Leave (PFML)?
Of the 18 states that provide paid sick leave, 13 have passed legislation providing Paid Family and Medical Leave (FMLA), which generally includes coverage for mental health-related conditions. These states include California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington State, as well as the District of Columbia (D.C.).
The scope of these laws varies by state, but they typically allow workers to take longer periods of time off for their own serious health conditions, which would include mental health. The duration of leave and the percentage of wage replacement also vary, with most states offering at least 12 weeks of paid leave. Be sure to check your state’s specific leave laws to be sure.
For workers living outside of states with paid sick leave or PFML, there is still a good chance that their employer could provide their own leave benefits (which would ultimately include leave related to mental health) in the absence of federal or state leave benefits.
What’s the Difference Between Paid Sick Leave, Paid Family Medical Leave, and the Family Medical Leave Act?
The official Department of Labor website provides an informational image with a side-by-side comparison between these different types of leave.
*Source: The Department of Labor (DoL) Official Website.
The Growing Trend of Employer-Provided Mental Health Benefits
Recognizing both the growing need and potential benefits of providing mental health support, a large percentage of employers have increased their investment in mental health services for employees.
As for the growing need, between 2017 and 2023 alone, there was a 300 percent increase in mental health-related leaves of absence, particularly among women and younger employees. This trend, coupled with the well-documented costs of neglecting the mental health of employees, has led to an uptick in employer-provided services, and unsurprisingly, the benefits that usually follow.
According to the World Health Organization (WHO), for every $1 spent on mental health treatment by employers, there is a $4 return on improved mental health and productivity.
With numbers like that, it’s easy to see why employers have been filling the existing gaps in federal and state mental health provisions over the past several years.
Key Takeaways
Employers who make mental health a strategic area of improvement are seeing benefits across the board. From improved productivity to better talent acquisition, there are numerous reasons why businesses are investing in the well-being of their employees more than ever before.
Looking for help with managing your own paid leave program? GovDocs provides the solutions, insights, and resources needed to help HR teams effectively comply with paid leave requirements for each unique location. Learn more.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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