May employees take FMLA for winter blues?
It’s the middle of winter in the northern hemisphere, and the winter blues are felt by many. For some, however, those blues can rise to being seasonal affective disorder (SAD), which is a mental health condition triggered by the changing of the seasons.
What is SAD?
SAD is a form of depression that occurs during the dark, cold winter months. It is more than a simple case of the winter blues.
People who live in places with long winter nights are at greater risk of SAD. It also affects women more than men.
Some of the symptoms of SAD include:
- Sad, anxious, or “empty” feelings;
- Feelings of hopelessness and/or pessimism;
- Feelings of guilt, worthlessness, or helplessness;
- Fatigue and decreased energy;
- Difficulty sleeping or oversleeping; and
- Suicidal thoughts.
Could SAD be a serious health condition under the federal Family and Medical Leave Act (FMLA)?
In short, yes.
FMLA serious health condition
Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Employee example
Renata, an employee, wants to do little more than spend her days on her couch under a pile of blankets. The mere thought of going out in the cold and dark mornings to get to work causes her misery.
Renata has a prescription for anti-depressants, but they have not yet begun to be effective. Her work area is in a windowless environment, which does not help matters. Renata’s house, on the other hand, is nice and bright with natural daylight.
If Renata were to call in and say she needed a few days off because of this potentially FMLA-qualifying condition, the company FMLA obligations would be triggered. Since she was prescribed a medication, she has a regimen of continuing treatment. It would, therefore, be logical to assume she might have visited a health care provider to obtain the prescription.
Renata’s condition is likely a chronic one, whereby any period of incapacity could be FMLA-protected, as long as she saw her health care provider at least twice per year for the condition.
Otherwise, her condition could meet at least part of the criteria for the incapacity and treatment portion of the FMLA’s definition of a serious health condition. If she is incapacitated for more than three consecutive calendar days, she would meet the definition.
FMLA obligations
The triggered FMLA obligations include getting Renata an eligibility/rights & responsibilities notice within five days of her calling in with an absence. Renata may be asked to provide a certification supporting the need for the leave, and it should have enough information to determine whether her condition is, indeed, an FMLA serious one. Renata is then given a designation notice.
Eventually, the days will get brighter and warmer, and Renata might not need much time off. Until then, keep the FMLA fires burning!
Key to remember: Brushing off what might be misinterpreted as a simple case of the winter blues can put an employer at risk of an FMLA violation. If an employee needs leave for the winter blues, don’t simply dismiss it; it could be a serious health condition.
