What is medical leave?

Medical leave is a leave category for employees who suffer medical conditions that impair their physical and/or mental health to the extent that they can no longer perform major job responsibilities. Like other types of leave, medical leave will have consequences for compliance and employee engagement that need to be addressed.

What situations qualify for medical leave?

The Family  and Medical Leave Act (FMLA)  has a broad definition of what qualifies for medical leave: any serious health condition that makes an employee unable to perform the duties of the position. Employees coordinate with their healthcare providers to certify that the employee's condition makes them unable to perform any of the essential functions of their position or unable to work at all.

What are the duration and pay requirements for medical leave?

The FMLA requires employers to provide up to 12 weeks of leave for medical purposes. As with the other FMLA leave categories, employers are not required to provide paid leave. In addition, employers who provide types of paid leave (such as paid sick leave and paid vacation) can require employees to use their accrued leave as part of the 12-week period.

How does medical leave for mental health conditions work?

Not all medical conditions leave visible scars. Mental health conditions such as depression, anxiety, post-traumatic stress disorder and bipolar disorder can deprive an employee of the personal performance, cooperation and even physical health they need to work effectively. An in-  depth article from the Society of Human Resource Management (SHRM)  offers several insights about navigating a medical leave of absence for mental health reasons:

• Avoid making assumptions about how mental (or physical) illness affects employees, such as assuming that PTSD leads to anger and aggression.
• Identify how the employee's behavior creates a difficult or worrying situation in the workplace.
• Encourage managers to engage with employees and identify supports that can help manage any situations that may be triggering this behaviour.
• Clarify the organization's performance expectations and follow them up with consistent action.
• Listen to employees and ask the most important question: “How can I help you?”

Medical leave does not need to be taken for 12 weeks at a time. Staying flexible can help employees deal with recurring situations or setbacks without fearing for their jobs.