In an article published by Bloomberg Legal, Brooks Pierce attorney Collins Saint explains how employers can meet their legal obligations for employee mental health conditions under the Family Medical Leave Act (FMLA).
As Saint outlines in the article, 76% of respondents reported at least one symptom of a mental health condition in the last year, up from 59% in 2019 according to Mind Share Partners’ 2021 Mental Health at Work Report. Further, an overwhelming 84% of respondents reported at least one workplace factor that negatively impacted their mental health.
In the article, Saint educates employers on the kinds of conditions that qualify as a serious mental health condition, what is required by the employee and employer, and other considerations under FMLA.
“Employers should consult with competent legal counsel to consider the interplay of leave laws with the Americans with Disabilities Act, workers’ compensation laws, Occupational Safety and Health Administration laws, and other related laws,” Saint wrote. “Just because an employee has exhausted their FMLA leave does not necessarily mean that they are entitled to no other leave under another law.”
Saint advises and litigates on behalf of public and private educational institutions and school boards on an array of education law issues, including special education and disability issues, civil rights laws, and tort claims. He also represents businesses in a variety of industries to resolve disputes, litigating in state and federal court when necessary. He has a particular focus on diversity and civil rights issues, including issues related to race, sex, sexual orientation, gender identity, disability, and religion.
Read the full article here.