You may reach a point where work stress starts affecting your health, sleep or ability to get through the day. If that happens, taking time away for medical care may become part of the conversation with your employer. Knowing when federal leave rules apply can help you understand what protections may be available.
Burnout alone does not qualify you for leave under the Family and Medical Leave Act (FMLA). However, the law may apply when your health problem meets FMLA standards and keeps you from working or requires medical care. You also have to meet qualifications based on your work history and the size of your employer.
When FMLA leave may apply to your health
If you qualify, the FMLA gives you as many as 12 workweeks away from work during a 12-month period for your own qualifying health problem. That time may be unpaid. When you return, your employer generally must give you the same job or one with similar pay, benefits and duties.
A mental health condition can meet FMLA rules if you receive inpatient care or follow a course of medical care supervised by a health care provider. You typically need at least 12 months with your employer and 1,250 hours of work during the previous 12 months.
For most private businesses, the FMLA covers your employer if it had at least 50 employees for 20 or more workweeks this year or last year. You also typically have to work at a location where your employer has at least 50 employees no farther than 75 miles from your worksite.
When problems arise after you ask for leave
Problems may arise if your employer counts protected FMLA leave against you, discourages you from taking it or uses your absence as a reason for discipline. Federal law bars employers from using protected leave against workers in these ways.
If an employer violates those rights, the consequences can go beyond reversing a write-up. Depending on the harm, an employer may have to cover lost pay or benefits and other direct financial losses. A court could also order reinstatement or other job-related relief, and additional damages may apply in some cases.
What you may want to keep
You may want to save leave requests, medical forms and messages about your absence. A short timeline can also help you keep track of what happened. Those records might help you understand a leave dispute if questions later arise about your time off.