A mental health leave of absence can be job-protected in California. If your employer is covered and you have been with them for at least 12 months and worked at least 1,250 hours in the past year, the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) can protect your job for up to 12 weeks.
Many worry about their job and income before reaching out for recovery. So, in this article, we will cover how to take a mental health leave from work, which law applies to you, how pay works, and how to use your time off for treatment.
Does Mental Health Qualify for a Leave of Absence?
U.S. Federal and California law both treat a mental health condition as a serious health condition. That means an illness or condition that involves inpatient care or continuing treatment by a health care provider, as per both the U.S. Department of Labor (DOL) and the California Civil Rights Department (CRD).
The DOL gives these examples of what can count:
- A condition that keeps you from working for more than three days in a row and needs ongoing treatment, such as several clinical visits, or one visit and follow-up care like behavioral therapy or counseling.
- A chronic condition, such as anxiety or depression, that can lead to occasional periods when you cannot work and need treatment at least twice a year.
- An overnight stay at a treatment center for substance use or an eating disorder.
Depression, anxiety, trauma, post-traumatic stress disorder, and substance use disorders can qualify when they meet that test.
You Do Not Have to Plan This On Your Own
You can reach out to the Create Recovery Center about your work schedule and your leave dates, and our team will help you find a program that fits.
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Can You Get FMLA for Depression?
Can you get FMLA for depression? Yes, when your depression meets the serious health condition test, and you are an eligible employee. The DOL’s own example is an employee with severe anxiety who sees her doctor monthly and sometimes cannot work. Depression that needs regular treatment works the same way. This is the kind of FMLA mental health leave the law allows.
What About Stress Leave in California or Otherwise?
The laws above do not use that phrase. They ask whether a health care provider says you have a serious health condition that affects your ability to perform at your job.
FMLA vs CFRA: Which One Covers You?
Many California workers are covered by two laws at once. FMLA is the federal law. CFRA is the California Family Rights Act. When both apply, you get the benefits of the one that offers the most protections.
| Feature | FMLA (Federal) | CFRA (California) |
|---|---|---|
| Covered Employers | 50 or more employees within 75 miles | 5 or more employees |
| Time On the Job | 1 year or more with the employer | 1 year or more with the employer |
| Hours Worked | At least 1,250 in the past 12 months | At least 1,250 in the past 12 months |
| Leave Allowed | Up to 12 weeks per year | Up to 12 weeks per year |
| Job Protection | Same or comparable job when you return | Same or comparable job when you return |
| Taking Leave When Needed | Allowed when medically necessary | Can be taken separately when medically necessary |
| Pay | Unpaid unless your employer pays or you use your paid time off | Unpaid unless your employer pays or you use your paid time off |
The DOL also notes that government agencies are covered by FMLA no matter how many people they employ.
Getting Paid During Your Leave: California SDI and Short-Term Disability
FMLA and CFRA protect your job. They do not promise a paycheck. You may be paid if your employer pays people on leave, if you use paid time off, or if you apply for and qualify for State Disability Insurance (SDI).
SDI is California’s state program for short-term disability for mental health and other conditions. The Employment Development Department (EDD) counts physical or mental illness as a disability, and benefits can last up to 52 weeks. You may receive between $50 and $1,765 (2026) each week for up to 52 weeks, depending on your earnings in the base period. Your weekly amount is estimated at 70% to 90% of the wages you earned 5 to 18 months before your claim starts. The first 7 days of your claim are an unpaid waiting period.
How to Take a Mental Health Leave of Absence, Step by Step
To take a mental health leave of absence from work, whether you use FMLA, CFRA or SDI, the steps are similar.
- See a licensed healthcare provider. Physicians, psychiatrists, and psychologists are among those who can certify a claim.
- Get your certification. Your employer may ask for a provider’s certification for FMLA and CFRA leave. Request that your healthcare provider provide the certification promptly.
- Inform your HR in writing. You may give at least 30 days’ notice if possible. If you cannot, tell HR as soon as you can, and ask for the leave forms and deadlines.
- In the case of SDI, file your EDD claim. Submit it no earlier than nine days after your disability begins and no later than 49 days after. Your healthcare provider is responsible for completing the medical certification. The EDD says to expect up to 14 days for a decision.
- Plan your treatment accordingly. At the Create Recovery Center, you and your clinical team can plan your treatment around your leave.
How to Tell Your Boss You Need Mental Health Leave
You do not have to share your diagnosis with your manager/employer. Keep the message simple, clear, and polite. Here are three scripts you can adapt.
To your manager, you can write – “I need to take medical leave starting from (provide date). I am working with HR on the paperwork. Before I leave, I will collaborate to hand off my projects and responsibilities.”
To HR, you can write – “I would like to request leave under FMLA and CFRA for a serious health condition. Can you send me the forms and tell me what my healthcare provider needs to complete?”
In case of short notice, you may write – “My health care provider has advised me to begin treatment now. Can we collaborate regarding my leave and next steps?”
Employers may not refuse leave you are entitled to, and they may not threaten to share your mental health information. Your employer must keep your medical records confidential and separate from your personnel file. Your immediate supervisors can be told that you will be away or that you need accommodations.
Using Your Leave for Treatment
Leave gives you time. Treatment gives that time a plan. Create Recovery offers outpatient programs for working professionals with substance use, mental health, or both. You can live at home as you receive treatment.
- A partial hospitalization program (PHP) runs 6 to 8 hours a day, 5 days a week. It can fit a full-time leave.
- An intensive outpatient program (IOP) runs 9 to 15 hours a week. It may offer a flexible schedule if you do not want to take all your leave at once.
- An evening IOP runs from 6 PM to 9 PM, Monday to Friday, so treatment can fit around your work schedule as well.
As FMLA and CFRA leave does not have to be taken all at once, a program schedule and a leave schedule can be adjusted accordingly.
Returning to Work
After CFRA or FMLA leave, you are entitled to return to the same or a comparable job. Layoffs and other changes unrelated to your leave are the limited exceptions.
Your employer has to keep your medical records confidential. If you need a gradual return or changes at work, ask HR about a reduced schedule or reasonable accommodations. You can also participate in ongoing care after you are back. At Create Recovery, your clinical team collaborates with you to plan a step-down option – for instance, from PHP to evening IOP- so you can continue your recovery alongside your job.
Plan Your Treatment Around Your Leave
Planning treatment is easier when it is built around your leave rather than the other way around. Create Recovery Center in Los Angeles offers PHP, IOP, and evening IOP options for substance use and mental health conditions. We offer flexible, personalized scheduling so you can plan your treatment in advance and take your leave accordingly.
Our team can sit with you to collaborate on how to plan treatment around your leave and even around your work hours.
Reach Out To Understand Your Options
Reaching out can feel overwhelming when job and income are concerned. But if you are here, you may have understood the basics of FMLA and CFRA. Reach out to understand how you can plan your treatment around your leaves for a seamless recovery experience.
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Frequently Asked Questions About Mental Health Leave of Absence
1. Is mental health a good reason for a leave of absence?
Yes, mental health conditions can be serious health conditions under FMLA and CFRA, which protect your job for up to 12 weeks when you and your employer meet the rules.
2. How difficult is it to get FMLA for mental health?
It depends more on eligibility than on the condition. You need to be covered and have worked for at least 12 months and 1,250 hours on the job. You can ask your HR for forms and other paperwork, as you hand off your responsibilities while you take leave.
3. What qualifies for a mental health leave of absence?
A serious health condition qualifies for a mental health leave of absence. For instance, a condition that keeps you from working for more than three days and needs ongoing treatment.
4. How do I tell my boss I need mental health leave?
To tell your boss you need mental health leave, keep it brief and factual. Say you need medical leave, give your start date, and offer a handoff plan. You do not need to share your diagnosis. Provide notice at least 30 days in advance, when possible.
5. Can my employer find out why I am on leave?
Your employer can know that you need leave, but not necessarily why. FMLA and CFRA require medical records to be kept confidential and separate from personnel files.