Employment lawyer outlines steps for requesting mental-health leave

In a recent interview, Boston-based employment lawyer Craig Levey described a five-step approach for staff seeking mental-health leave. He begins by urging workers to familiarize themselves with relevant federal and state laws, such as FMLA, ADA and any short-term disability options in their handbook. Next, he recommends obtaining a physician’s note that outlines the diagnosis, functional limitations and expected duration of leave.

Employees should then formally inform their employer, triggering the ADA-mandated interactive discussion about reasonable accommodations. Levey emphasizes maintaining a written record of all paperwork and approvals to avoid accidental lapses that could lead to termination. Finally, he cautions that some firms may retaliate, but statutes contain explicit anti-retaliation language that can be leveraged if needed.