Can I take a Leave of Absence to care for Mentally Ill Husband under the Family Medical Leave Act?

Question

My husband is depressed, and has threatened suicide. I plan to take him to the doctor, but I will be missing work for this. If he needs further care beyond medication, such as watching him to make sure he doesn't hurt himself, I would also need time off work. Is this covered by the Family Medical Leave Act, and is this still in effect when I have changed positions in the same company within the past 6 months? I hate to decide between my husband's health and my career, but we cannot survive without the money, and my job is very strict about unplanned time off. Any help is much appreciated.

I should note, I do understand that FMLA is not paid leave, but I would be in a very tough spot without the job all together. A short time without pay would be expected.

Answer 1

Yes you can. See if your company has the Employee Assistance Program (EAP) and they can explain it to you. If you don't have EAP, your HR person can help you. Having changed positions within the company should not affect your ability to take leave.

If you have short term or long term disability, that could help too.

Good luck to you!!!

Answer 2

It depends on a couple of things, such as whether your employer is required to comply with FMLA. If you are eligible for FMLA, you can take the time off without fear of losing your job.

Check out the FAQ on the Department of Labor website. It should answer all your questions. (If you have an EAP they can help you, but in any case I would learn your rights on your own ahead of time.)

Answer 3

Generally, this would qualify under FMLA, but I think you misunderstand what FMLA says. Your employer may be required to give you time off and may not fire you for taking the time off, but they may not have to pay you for the period that you are not working.

Speak to your HR department for a full explanation of the company's leave policy.