This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.
Employment Law For Mental Health In Texas
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US-002HB
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FAQ
You can get FMLA leave for mental health if you have a current mental health/medical professional who will say you need the leave. They cannot divulge to your employer what the mental health issue is.
An employer cannot discriminate against an employee simply because they have a mental health condition. However, an employer does not have to hire or retain an individual if there is evidence that even with a reasonable accommodation, the individual cannot perform the functions of the job or poses a safety risk.
The Department has developed optional-use forms which can be used by employers to provide required notices to employees, and by employees to provide certification of their need for leave for an FMLA qualifying reason. These forms are electronically fillable PDFs and can be saved electronically.
To use FMLA for stress or mental health, you generally need documentation of a mental illness provided by a doctor or other qualified professional, such as a therapist. In most cases, you must have worked for the company for at least 12 months in total, and you usually need to give a 30-day advance notice.
If you think your employer will be understanding and you'd like to explain, you might adapt one of the following phrases to suit your situation: “I'd like to take time off as I'm not in a good frame of mind. “My depression symptoms have worsened and I need a day off to recover.
A chronic condition whether physical or mental (e.g., rheumatoid arthritis, anxiety, dissociative disorders) that may cause occasional periods when an individual is unable to work is a qualifying serious health condition if it requires treatment by a health care provider at least twice a year and recurs over an ...
Under federal law, workers with mental health conditions may be protected against discrimination and harassment at work related to their condition, have workplace confidentiality rights, and have a legal right to reasonable accommodations that can help them perform and keep their job.
Tell your HR person that ``you may need to take FMLA leave'' and ask them to send you all the information about it and any forms. Extremely important - you do NOT need to tell your HR or employer what your condition is or that the leave would be for mental health reasons (and do NOT do so).