Katz Banks Kumin partner Avi Kumin discussed the Department of Labor’s recent move to spotlight employee mental health in the Law360 article, “3 Employer Takeaways From DOL’s Mental Health Fact Sheet.”
In new guidance published last week, the DOL clarified that workers are eligible to take FMLA leave for their mental health if they meet the law’s definition of a “serious health condition.” According to Mr. Kumin, the guidance is a reminder that employers tend to overlook workers’ mental health conditions, and employers’ attorneys need to make sure clients understand their legal obligations to employees.
“This is advising employers that the expectation is that they must treat mental health issues on the same footing as any other health condition,” Mr. Kumin said. “Employers can and should get in trouble if they don’t understand that.”
Read the full article here.