{
  "id": 4830861,
  "title": "Thinking about taking a mental health leave? Here are the steps to take, according to an employment lawyer.",
  "url": "https://urgent.news/2026/09/01/thinking-about-taking-a-mental-health-leave-here-are-the-steps-to",
  "topic": "health",
  "section": "Health & Medicine",
  "published": "2026-09-01T09:03:01.000Z",
  "source": {
    "name": "Business Insider",
    "slug": "business-insider",
    "url": "https://www.businessinsider.com/how-to-take-mental-health-leave-fmla-ada-employment-lawyer-2026-8"
  },
  "original_language": "en",
  "account": "Employment lawyer Craig Levey has observed a surge in employees requesting time off due to mental health concerns. In this essay, he outlines five steps individuals can take when considering mental health leave.\n\nFirstly, Levey emphasizes the importance of understanding one's options. Research federal and state laws, and familiarize oneself with the employee handbook to determine available benefits, such as short-term disability leave or qualifying under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). Consulting an employment law attorney can provide additional guidance.\n\nSecondly, gather evidence to support the request. This typically involves obtaining a doctor's note detailing the diagnosis, impact on daily activities, and the necessary leave duration. For conditions like burnout, it's crucial to establish how the issue affects daily life and whether it qualifies as a disability under the law.\n\nThirdly, notify the employer about the mental health condition and the intention to request leave. Under the ADA, notifying the company triggers an obligation to engage in an interactive process, discussing the disability and the reasonableness of requested accommodations. Employers, particularly larger ones, may have a third-party administrator to handle paperwork; smaller firms often rely on internal staff.\n\nFourthly, maintain a record of all communications and documentation throughout the process. Submitting the appropriate paperwork, along with keeping records of approvals and timelines, prevents potential issues when the leave ends unexpectedly. Failing to stay on top of these details can result in job termination, as companies may consider the employee to have abandoned their position.\n\nLastly, Levey highlights the importance of being aware of laws preventing retaliation. Disclosing mental health issues or requesting leave can sometimes lead to adverse actions from employers, such as termination, pay cuts, or demotions. Legal protections, including those under the FMLA, provide anti-retaliation measures. If an employee believes they have been retaliated against, consulting with an attorney may be necessary to pursue legal action. Overall, Levey stresses that prioritizing mental health is essential, and employees should not hesitate to take leave when needed.",
  "summary": "An employment lawyer shares the five steps he suggests employees take if they're interested in taking leave from work for mental health reasons.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}