On May 25, 2022, the Wage and Hour Division of the DOL issued updated guidance via Factsheet #280 regarding mental health and FMLA leave rights. FMLA applies to mental health under the same guidelines as physical conditions, and the fact sheet provides more clarity for employers and HR professionals.
The guidance in the fact sheet provides specific examples of mental health conditions and scenarios that can be common to the workplace and can provide better clarity of the impact on employer policies. It will be important for your clients to familiarize themselves with this guidance and review their HR policies to avoid the risk of violating employees’ rights when it comes to FMLA and mental health treatment.
If you have any questions, please reach out to your HCM Consultant directly or by contacting us at 678-578-5082.