Thinking about taking a mental health leave? Here are the steps to take, according to an employment lawyer.

Business Insider | 01-09-2026 10:51am |

The article discusses how employees can take mental health leave from work, based on insights from employment lawyer Craig Levey. Here’s a simple summary of the key steps he suggests: Know Your Options: Before asking for leave, learn about your rights and options. Check state and federal laws, and look at your company's employee handbook for policies on mental health leave. Gather Evidence: If you plan to request leave, you may need a doctor's note that explains your mental health condition and how it affects your daily life. This helps prove that you qualify for leave under laws like the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). Notify Your Employer: Let your employer know about your situation. Under the ADA, they must discuss your disability and any reasonable accommodations you may need. Keep a Paper Trail: Document everything related to your leave request. This includes keeping copies of your doctor's notes and any communication with your employer. This is important to avoid misunderstandings about your leave. Know Your Rights Against Retaliation: Be aware that it’s illegal for employers to retaliate against you for taking leave due to mental health issues. If you face negative consequences after requesting leave, you may have legal options. Overall, the article emphasizes the importance of prioritizing your mental health and being informed about your rights when considering taking leave.

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