Managing your mental health care is just as essential as taking care of your physical health. Fortunately, the state of California has laws that allow people to take time off work for mental health reasons. If you’re feeling overwhelmed, anxious, depressed, or struggling in any way, it’s important to understand the ins and outs of mental health leave in California. Keep reading as we explain your rights regarding California mental health leave of absence laws and options.

Can You Take Mental Health Leave From Work in California?

Yes. You can take a mental health leave of absence in California if the state recognizes mental health as a valid reason for medical leave. Depending on your situation, you may qualify for job-protected leave under federal or state law. This gives you time to rest, recover, and seek professional help.

What Are the Mental Health Leave Laws in California?

Several laws offer job protection and benefits for people who need mental health leave in California: 

Family and Medical Leave Act (FMLA)

FMLA allows up to 12 weeks of unpaid, job-protected leave for serious health conditions, including mental health. You must meet certain requirements to qualify, including working for a covered employer for at least a year.

California Family Rights Act (CFRA)

CFRA is similar to FMLA but applies specifically to California. It also offers 12 weeks of leave for mental or physical health needs. Some smaller companies not covered by FMLA may still be required to follow CFRA.

California Paid Sick Leave Law

If you’ve worked in California for 30 days or more, you likely qualify for paid sick leave. This can be used for mental health needs, such as therapy appointments, medication management, or taking a day to rest.

Americans With Disabilities Act (ADA) and California FEHA

In some instances, a mental health condition could qualify as a disability. If this is the case in your situation, you may be entitled to California mental health leave under the laws of the ADA or California’s Fair Employment and Housing Act (FEHA). This can include schedule changes, time off, or reduced workload.

What Mental Health Conditions Qualify for Leave?

A serious mental health condition is one that makes it hard to do your job or manage daily activities. Common qualifying conditions may include:

If a licensed medical or mental health professional recommends time off for treatment or recovery, it may be considered a qualifying condition.

 

Mental Health Leave

Do You Need a Doctor’s Note for Mental Health Leave?

In most cases, yes. Your employer may ask for a doctor’s note or health care certification. This document confirms that you have a serious health condition and need time off. You do not need to share personal details about your diagnosis—only what is required to process your leave.

Can You Get Paid During Mental Health Leave in California?

Some mental health leave is unpaid, but California offers programs that may help cover lost wages:

State Disability Insurance (SDI)

If your mental health condition keeps you from working, you may qualify for SDI. This provides partial pay while you’re recovering. A doctor must certify your condition to apply.

Paid Family Leave (PFL)

If you’re caring for a family member with a serious mental health condition, you may be eligible for paid mental health leave in California through the PFL program, which can offer up to 8 weeks of partial wage replacement.

Using Accrued Paid Time Off

You may also be able to use vacation days, sick leave, or other accrued paid time off during your mental health leave, depending on your employer’s policies.

Mental Health Treatment Options

How to Apply for Mental Health Leave in California

Here are the basic steps to take when applying for California medical leave for mental health reasons:

  1. Talk to a medical provider – Get a diagnosis and documentation if needed.

  2. Review your rights – Look into FMLA, CFRA, and other protections based on your job and time worked.

  3. Speak to your HR department – You may need to complete forms or provide proof of your condition.

  4. Submit necessary paperwork – This might include medical certification or applications for SDI or PFL.

You have the right to privacy. Your employer should only be told what is necessary to approve your leave, not your full medical history.

Is Your Job Protected During Mental Health Leave?

If you qualify under FMLA or CFRA, your job is protected. Your employer must return you to the same job or a similar one when you come back. If you don’t qualify, your job may not be guaranteed, but open and honest communication can help you find a solution.

 

Taking Mental Health Leave Is a Brave Step

At Neurish Wellness, our luxury mental health treatment program in Orange County, CA, we understand that taking mental health leave is only one part of the healing process. Unfortunately, not many people seek help. Neurish Wellness is here to offer the compassionate care you deserve. We can assess, diagnose, provide therapy, and we can even explain how co-occurring disorders can trick you into avoiding help. Our team offers personalized treatment options designed to help you manage stress, anxiety, depression, and other mental health conditions in a safe, supportive environment.

We offer a wide range of services, including individual therapy, group counseling, holistic wellness approaches, and customized treatment plans tailored to your specific needs. Whether you’re just beginning your journey or continuing long-term care, we’re here to help you take the next step with confidence.

Take the First Step Today

If you’re thinking about mental health leave in California—or if you’re already on leave and need support—Neurish Wellness is ready to walk alongside you. Learn more about our treatment programs and how we can help you feel better, one day at a time.

FAQs About Mental Health Leave in California

Can I take mental health leave from a part-time job?

Yes, part-time employees can take mental health leave, but eligibility depends on the type of leave and your work history. For example, to qualify for FMLA or CFRA, you must have worked a certain number of hours in the past year. For paid sick leave, most part-time workers still earn time off based on the hours they work. 

Do I need to tell my boss it’s for mental health?

No. You are not required to share specific medical details with your employer. You can simply say you are taking leave due to a health condition and provide any required paperwork from a healthcare provider, without going into personal details.

Can my employer fire me for taking mental health leave?

It is illegal for an employer to fire you just for taking protected leave under FMLA, CFRA, or other qualifying programs. However, if you don’t meet the eligibility requirements or fail to follow proper procedures, job protection may not apply. Always communicate clearly and submit any required documentation.

What happens if I don’t qualify for FMLA or CFRA?

If you’re not eligible for protected leave under these laws, you might still be able to take time off using paid sick leave or other employer-provided benefits. Some employers also offer personal leave or mental health days outside of legal requirements, so it’s worth checking your company’s policy.

Can I extend my mental health leave if I need more time?

In some cases, yes. You may be able to extend your leave with additional medical documentation or by applying for other benefits, such as State Disability Insurance. However, extended leave is not always guaranteed and depends on your employer’s policies and the type of leave you’re using.

Will my health insurance stay active during leave?

Your employer is required to continue your health insurance coverage as if you were still working if you take leave under FMLA or CFRA. For unpaid or non-protected leave, coverage rules may vary, so it’s important to confirm with your HR department before taking time off.

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