Supporting a Client’s Leave of Absence
Work is often a source of stress for clients, especially when exhaustion from depression or anxiety spirals lead result in missed days and conflicts with their supervisor or coworkers. It’s important to stay informed about how to support clients who might need a leave of absence from work.
According to the Department of Labor, if an employee has been working for a company with over 50 employees on a full-time basis and has been there for at least one year, that employee most likely qualifies for FMLA. It’s important for the client to verify their eligibility with the HR department at their company.
In addition to verifying eligibility for FMLA, clients should ask for details like:
What documentation is required to start the process?
How will I be notified that I can start my leave?
How will my leave be tracked?
If I have a short term disability plan through work, what steps should I go through to seek those benefits?
Some therapists are hesitant to provide FMLA documentation for clients because it is extra work, and I often sense concern about whether the client truly needs the leave. I don’t think any of us want to become a letter mill for clients. However, our clients are the best source of information about their subjective experience. Plus, the main benefit FMLA provides is job protection. Job loss is stressful and it’s not something we want for our clients. Beyond that, FMLA is not paid leave. Often, employers require that an employee exhaust their paid leave before counting FMLA. Consequently, a client might continue to receive paychecks after they go on leave. It’s a good idea to make sure clients understand this before they choose to go on FMLA.
FMLA documents do not require a diagnosis. That doesn’t mean employers won’t try to get one from you, but if you write a letter, it’s important to indicate an approximate amount of time you anticipate your client being unable to work and that you will need to meet with them at least twice a year for ongoing treatment.
In Colorado, clients might have questions about FAMLI leave. My best advice on that is to direct the client to FAMLI Colorado’s website. FAMLI is an insurance program that employers and employees pay into, and it’s paid leave if the individual is eligible. It has different eligibility requirements from FMLA (overall more flexible requirements.)
If you know that you really don’t want to complete FMLA documentation or anything else like that, I recommend making that clear in your disclosures, during consultations, and during the intake so your and your client are clear on expectations.
