Work With Your Employer
 
There could come a time when your depression or anxiety disorder, or that of someone for whom you are the primary caregiver, becomes so severe it has an effect on your ability to perform your job. When that time comes, you need to carefully plan what you want to say and do.

Before you begin, learn about your rights. The federal government offers you specific protections in the form of two statutes currently in force:

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) assigns the rights of employees to request an unpaid leave of absence for up to 12 weeks in a 12-month period. However, the FMLA does not guarantee paid time off. It is unlawful for an employer to terminate an employee for taking an FMLA leave.

FMLA allows you to take a leave to receive "continuing treatment by a healthcare provider." These can include recurring absences for therapy treatments ordered by a doctor. Under FMLA provisions, you do not have to provide your medical records to your employer. However, your employer is allowed to request a medical certification confirming the existence of a serious health condition. In addition, your employer can deny the continuation of FMLA leave if you fail to fulfill any obligation to provide supporting medical certification.

For more information about FMLA, go to www.dol.gov/compliance/laws/comp-fmla.htm.

Americans With Disabilities Act (ADA)

The Americans With Disabilities Act (ADA) clearly delineates the rights of employees with a physical or mental impairment, and the obligations employers have to them. The ADA covers a sweeping range of topics regarding citizens with disabilities. It covers all employers with 15 or more employees.

The law requires employers to make a "reasonable accommodation" for an employee with a disability. Examples of such accommodations include restructuring a job, modifying work schedules or appropriately modifying examinations, training or other programs.

For more information on the ADA, go to www.usdoj.gov/crt/ada/ada.html.

Remember, under both statutes, you are only required to tell the minimally necessary information to your employer. Also, many states offer specific protections for their citizens. You can access this information by going to the Web site for the labor department of your state.

 
Next: Tools for Recovery