U.S. Employment Lawyer Advises on Navigating Mental Health Leave
Craig Levey, an employment law attorney in Boston, reports a significant increase in workers seeking leave for mental health reasons, including anxiety, depression, and suicidal ideation. He emphasizes the importance of understanding legal options under federal and state laws, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Levey advises employees to gather supporting evidence, like a doctor's note detailing their diagnosis and its impact on daily activities, and to formally notify their employer. Under the ADA, employers have an obligation to engage in an 'interactive process' to discuss the disability and potential reasonable accommodations. He stresses the need for employees to maintain a thorough paper trail of all communications and approvals to protect themselves, especially given the potential for employer retaliation.