Leave for Depression?? Help!

An employee just came to me and said they are having a difficult time with family matters and they are on antidepressants and would like to take FMLA leave. Would you all recommend I just give her the FMLA paperwork and see if the doctor signs them or would you deny the leave?

Comments

  • 7 Comments sorted by Votes Date Added
  • Give them the papes. If the doctor determines it is a serious health condition, it is my understanding that depression can be covered under FMLA.

    That is why so many of us HR types probably qualify!
  • I'm not so good at this yet myself, but I believe that even if she is not eligible for FMLA, she could fall under the ADA. Although I think that more comes into play when the condition is "certified" (if you will) but the EE doesn't meet the other qualifications (i.e. hours, length of service, covered employer, etc.) I'd recommend poking around the ADA/FMLA/WC forum to see if you can find any more about that.
  • I've actually had this come up before. We didn't hear about it until the EE came in with a doctors note excusing her for 4 weeks due to severe depression. We granted the FMLA.
  • Try to treat the problem the same as any medical problem. If it is serious enough for a doctor to approve leave, then follow your policy and the law. Do not fall into the trap of trying to evaluate or diagnose the problem yourself.
  • I agree with the above statements.
    First, you are not a doctor, so don't even consider diagnosis to be part of your job responsibilities. Second, issuing the forms to request FMLA is part of your administrative duties, so don't worry about issuing them, it doesn't mean that the leave has been granted. Third, I don't know how your policy works, but with our company only an executive officer of the company can approve the leave. My role as HRM is to make sure that all the "T's" are crossed and "I's" are dotted and advise our Exec.'s of what action to take as the situation pertains to the law. Add in HIPPA regulations and your hands are tied as to how much you can investigate the leave. Then after the employee returns you've got to consider any type of disciplinary action taken against the individual in the future (not that you would want to discipline the employee). You don't want to have to deal with retaliation if the condition falls under ADA and you could accommodate or have accommodated in the past for similarly situated employees. These laws are all good things to the American employee being treated humainly by it's employer and with a little optimism, the American employer will have a nice return from it's fairly treated employee as well.
  • Yes, I agree with the others. This could and often does qualify for FML and ADA. Treat it like any type of illness, injury and do for it what you would do for any other requested leave. The doctors are the ones who make the "true decisions" not us peons!
    It is possible you could offer an accommodation (reduction in hours, working from home, etc.) Also, I have known an accommdation to be an extension of the 12 weeks leave and it was granted! Don't get stuck in the diagnosis. Not our job.
    E Wart
  • If the dr. okay's it, grant the leave. Depression is covered under the ADA. Besides, I don't think you want to take the chance at a lawsuit for discrimination.
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