Mental Health Leave in California: What You Need to Know

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.

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.

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. CFRA has been expanded to allow employees to take job-protected leave to care for a broader range of family members, including grandparents, grandchildren, siblings, and designated persons.

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. As of January 1, 2024, employers are required to provide at least 40 hours (5 days) of paid sick leave per year, up from the previous 24 hours (3 days).

• Employees can take intermittent or reduced schedule leave for mental health needs when supported by a doctor’s note.
• Some local ordinances (e.g., San Francisco, Los Angeles) provide supplemental paid sick leave that may exceed state minimums and can also cover mental health purposes.
• Employers cannot request a second opinion on a medical certification for a family member’s serious health condition, including mental health conditions.

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.

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

• Major depressive disorder and other mood disorders
• Generalized anxiety disorders
• Post-traumatic stress disorder (PTSD) and possibly other trauma disorders
• Bipolar disorder
• Panic attacks
• Personality disorders
• Obsessive-compulsive disorder (OCD)
• Substance use disorders (in some cases)

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

Stress leave in California is a form of job-protected time off for employees who are experiencing severe stress, anxiety, or related health conditions that interfere with their ability to work. It typically falls under the protections of FMLA and CFRA. In some cases, it may also qualify as a disability under state law.

How to Get Paid Stress Leave in California

To take paid mental health leave in California, employees usually need medical documentation from a healthcare provider stating that stress or a related mental health condition makes it difficult to perform job duties. Paid leave may come through State Disability Insurance (SDI), Paid Family Leave (PFL), or accrued sick time, rather than being paid directly by the employer. Applying for SDI through California’s Employment Development Department (EDD) can provide wage replacement during the leave period.

How Long Is Stress Leave in California?

The length of stress leave depends on the employee’s medical needs and eligibility. Under FMLA and CFRA, workers may take up to 12 weeks of job-protected leave within a 12-month period. If using SDI, benefits can last up to 52 weeks, depending on the severity of the condition and the medical certification provided.

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.

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.

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.

A mental health leave of absence letter from a doctor is official documentation that verifies an employee’s need to take time off work due to stress, anxiety, depression, or another mental health condition. 

The letter typically includes the diagnosis (if the employee consents), recommended duration of leave, and any work restrictions or accommodations. Employers often require this letter to approve protected leave under FMLA, CFRA, or to process disability benefits. 

Having clear documentation ensures the employee’s rights are protected for mental health leave in California while also giving the employer the information needed to comply with leave laws.

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.

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 evidence-based therapeutic approaches, holistic modalities, 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.

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.