In today’s fast-paced workplaces, stress and mental health challenges are among the most common reasons employees need time off. Whether it’s burnout, anxiety, depression, or another condition affecting your ability to work, California law protects your right to request a leave of absence for mental health reasons.
At Employees First Labor Law (EFLL), we help workers understand their rights to medical leave and ensure they aren’t punished for exercising them. Here’s how to properly request a mental health leave—and what to do if your employer gives you pushback.
Your Legal Right to Take Leave for Mental Health
Under California and federal law, employees are entitled to take protected time off for legitimate medical reasons—including mental health conditions that impact work performance.
Key laws that may apply include:
- FEHA (Fair Employment and Housing Act): Requires employers to provide reasonable accommodations, which may include a leave of absence for treatment or recovery.
- FMLA / CFRA: Allows up to 12 weeks of unpaid, job-protected leave for a serious health condition (including stress, anxiety, or depression).
- Workers’ Compensation: If your stress stems from workplace conditions, you may also qualify for stress-related workers’ comp benefits.
If your mental health affects your ability to perform your essential job duties, you have the right to request time off without fear of retaliation or termination.
Step-by-Step: How to Request a Leave for Stress or Mental Health
1. Notify Your Employer in Writing
While verbal notice is acceptable, written communication (such as an email or letter) provides a clear record.
Keep your message professional and concise:
“I’m experiencing a medical condition that requires time off under FMLA/CFRA or FEHA. Please consider this my formal request for a leave of absence.”
You do not need to disclose specific diagnoses—only that it’s a medical issue affecting your ability to work.
2. Obtain Documentation from Your Healthcare Provider
Your doctor, therapist, or psychiatrist can provide a note confirming:
- That you have a serious health condition
- That you are unable to perform your job duties temporarily
- The estimated duration of your leave
Employers may not demand detailed medical records—only reasonable certification that leave is medically necessary.
3. Work With HR to Formalize Your Leave
Once you’ve submitted your request, HR should provide leave forms or outline the process for medical certification.
Under the law, your employer must:
- Keep your medical information confidential
- Continue your health benefits during FMLA/CFRA leave
- Restore you to the same or an equivalent position upon return
4. Keep Communication Open (But Limited)
It’s fine to check in with HR regarding the duration of your leave or return date, but you’re not required to share private details about treatment or recovery.
5. Seek Legal Help If You Face Retaliation
If your employer:
- Denies your legitimate request for medical leave
- Pressures you to return early
- Terminates or disciplines you for taking leave
…these actions may constitute disability discrimination or retaliation under FEHA and CFRA.
EFLL has successfully represented employees across California who were punished or terminated for taking lawful mental health leave.
Common Employer Violations We See
- Firing an employee after requesting leave for stress
- Claiming stress “doesn’t count” as a disability
- Failing to engage in the interactive process
- Ignoring doctor’s notes or medical certifications
- Misclassifying leave as “unexcused absence”
These are clear red flags—and you may have a strong case for wrongful termination or failure to accommodate.
Example: What a Strong Request Email Looks Like
Subject: Medical Leave Request
Dear [HR Manager],
I am requesting a leave of absence due to a medical condition that currently prevents me from performing my job duties. My healthcare provider recommends that I take time off for treatment and recovery.
Please consider this request under the CFRA and/or FEHA as applicable. I will provide the required certification from my provider.
Thank you for your understanding.
Sincerely,
[Your Name]
Protecting Your Mental Health and Your Job
You should never be forced to choose between your mental health and your livelihood. If you’re facing denial, retaliation, or termination after requesting leave, our team at Employees First Labor Law can help you fight back. You may have a workers compensation claim.
We’ve represented hundreds of California employees in cases involving medical leave, disability discrimination, and wrongful termination—and we’re ready to help you too.
Get a Free Confidential Consultation
Contact Employees First Labor Law today to learn your rights.
We’ll review your situation, explain your legal options, and stand by you every step of the way.
Employees First—Always.
We’re Ready to Help
