- Employment Protections
Protect Your Job While You Come to Treatment
You should never have to choose between your health and your career. Federal and state laws protect employees who seek treatment — and we help you navigate every step of the process.
FMLA Protected
Up to 12 weeks leave
ADA Covered
Reasonable accommodations
100% Confidential
Medical privacy laws
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View Full Guided Site Tour- Understanding FMLA
What Is the FMLA?
The Family and Medical Leave Act (FMLA) ensures job-protected leave to address health issues, including mental health conditions. If you’re eligible, you’re able to take up to 12 weeks off from work for qualifying family and medical reasons. This time can be broken up partially or in one lump sum.
Yes, FMLA can be used in California for residential mental health treatment. Federal FMLA and California’s CFRA protect your job so you can discreetly get time off to attend treatment and heal without fear of losing your employment.
Can I Take FMLA for Mental Health in California?
Yes. Both federal FMLA and California’s Family Rights Act (CFRA) protect your right to take leave for mental health conditions and residential treatment — without disclosing your specific diagnosis to your employer.
- FMLA vs Medical Leave
FMLA vs. Medical Leave of Absence
A leave of absence (LOA) is a period of employment where the employee is not required to be at work. FMLA is a federal law providing legally- mandated protections that a standard LOA may not offer.
| (M)LOA | FMLA | |
|---|---|---|
| Eligibility | Granted and determined based on company policies | Set by federal law — employer must have 50+ employees; 12 months tenure required |
| Duration | Length varies based on company policies | Federal law — legal requirements employers must abide by |
| Protections | Job & status may not be protected while on leave | Job, seniority, and status protected for up to 12 weeks |
| Salary | Can be paid or unpaid | Unpaid (short-term disability may apply) |
- Your Legal Rights
Benefits of Using FMLA
Federal and California state law give employees the right to take medical leave for substance use or mental health treatment without losing their job.
Job Protection & Reinstatement
The FMLA federally protects you from losing your job while seeking time off for medical emergencies. Employers must retain your job — or an equivalent position with equivalent pay — your benefits, working conditions, and seniority for when you return.
Healthcare Coverage
While on FMLA, your employer must continue any group health insurance that you may currently be enrolled in. You are still responsible for any co-pays or out-of-pocket costs that insurance doesn't cover.
Confidentiality
You're able to use FMLA without divulging your medical or family information to your employer. Your employer will not be notified of your exact diagnosis — only that you require medical leave. HIPAA protects your privacy throughout this process.
- Your Legal Rights
Benefits of Using FMLA
Federal and California state law give employees the right to take medical leave for substance use or mental health treatment without losing their job.
- Who Qualifies
FMLA Eligibility
There are criteria that must be met in order to qualify for FMLA:
Covered Employer
FMLA is eligible at all public agencies, public and private elementary and secondary schools, and private companies with 50 or more employees within 75 miles.
Tenure Requirement
You must have been employed by your employer for at least 12 months prior to taking leave.
Clockable Hours
You must have worked at least 1,250 hours within the 12 months before you take leave.
- Qualifying Events
FMLA Eligibility
The following life events qualify for FMLA use:
- A personal, serious health condition that inhibits your ability to perform at work — this includes mental health conditions and substance abuse disorders.
- The birth and care of a newborn child within the first year of life.
- The placement and care of an adopted or foster child within one year.
- To care for a family member (spouse, child, or parent) with a serious health condition.
- Military-related emergencies for yourself or to care for an injured or ill service member.
Mental Health Is a Qualifying Condition
Severe depression, anxiety, PTSD, and substance use disorders qualify as “serious health conditions” under FMLA when they require inpatient care or continued treatment from a healthcare provider.
- FMLA Definitions
What Counts as a "Serious Health Condition"?
The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that requires either inpatient care or continued treatment from a healthcare provider. This includes residential inpatient mental health care.
Inpatient Care
Inpatient care refers to an overnight stay in a hospital or residential care facility such as Connections Mental Health.
Continued Treatment
Includes “incapacity plus treatment,” pregnancy, chronic conditions, permanent or long-term conditions, and conditions needing more than one treatment.
This includes conditions such as:
What Is 'Incapacity Plus Treatment'?
“Incapacity plus treatment” means that you receive more than three consecutive full calendar days with follow-up treatment. For a health condition to qualify for FMLA, you must experience:
- Treatment by a health care provider within 7 days of the first day of incapacity
- Prescribed a course of treatment by a certified health care provider
- At least one visit with a healthcare provider within 30 days of incapacity
Is FMLA Paid Leave?
FMLA is unpaid leave, but you retain your insurance during your leave and may be eligible for federal short-term disability payments.
Salary
Unpaid (SDI may apply)
Insurance
Employer must continue benefits
- Our Process
How to Use FMLA for Residential Mental Health Leave in California
Get a Letter From Your Doctor
Meet with a licensed medical professional (a therapist, psychiatrist, or physician) to certify that you need leave. HIPAA protects your privacy — your employer will not be told your exact diagnosis, only that you require medical leave.
Speak With HR
Give your letter to HR to enact your leave. We prepare and submit all FMLA documentation, work with your HR department, and ensure every form is filed correctly and on time. With your consent, we liaise with your employer throughout treatment.
Get the Treatment You Deserve
Once HR has your letter, you may begin your medical leave and treatment. Individuals who require financial assistance during unpaid medical leave can apply for state disability benefits to receive partial wages.
FMLA FAQs
Does my insurance plan provide coverage for mental health treatment in Orange County?
Most major insurance carriers typically provide benefits for mental health care in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
What should I bring to mental health treatment in Orange County?
Most major insurance carriers typically provide benefits for mental health care in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
How does aftercare work following program completion?
Most major insurance carriers typically provide benefits for mental health care in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
What if I feel nervous about sharing in therapy sessions in Orange County?
Most major insurance carriers typically provide benefits for treatment in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
Can I maintain my job while attending mental health treatment?
Most major insurance carriers typically provide benefits for mental health treatment in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
How long does treatment last in Orange County?
Most major insurance carriers typically provide benefits for treatment in Orange County, including PHP, IOP, and outpatient programming. Our specialized team handles benefits verification and delivers comprehensive coverage information to help you understand your options.
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