How to Take Time Off Work for Mental Health [Updated 2026]

If your mental health is getting in the way of work, you can take time off, whether that’s one sick day or several weeks away. In many cases, the law protects your job while you’re out.

Taking time off for mental health does take some planning. The laws that protect your job usually don’t pay you, so you’ll need to sort out your pay separately. This guide covers the kinds of time off, the laws that protect your job, how to keep getting paid, and how to ask for leave. It also includes an email you can copy.

What Are the Signs It’s Time to Take Time Off Work?

It may be time to take time off when your mental health makes it hard to do your job or take care of yourself. That can be true even if you’re still getting through the workday. Common signs include:

• Dreading work in a way a weekend off doesn’t fix
• Trouble concentrating, or making mistakes you normally wouldn’t
• Big changes in your sleep, appetite, or energy
• Snapping at people or pulling away from them
• Problems at work, like being put on a performance improvement plan or clashing with co-workers more than usual
• Your doctor or therapist suggesting more care, or treatment that happens during work hours

You don’t have to diagnose yourself. If several of these sound familiar, talk to your doctor or therapist.

What Kinds of Mental Health Time Off Can You Take?

There are three main kinds of mental health time off. You can take a day or two off, take time off in pieces (a few hours or days at a time), or take several weeks off in a row. The right one depends on how much treatment you need. Your therapist or psychiatrist can help you decide.

What Is a Mental Health Day?

A mental health day is one or two days off to rest when stress or burnout is building. It’s usually paid through sick leave or paid time off (PTO). It can be enough when you’re still managing day to day and just need a short break. If symptoms keep coming back after a day off, you probably need more care.

To take a mental health day, message your manager the way you normally would for a sick day. “I’m not feeling well, so I’m taking a sick day today” is enough. In California, you don’t have to tell your employer why you’re using sick leave. Your employer also can’t deny the leave just because you don’t have a doctor’s note (California Labor Commissioner).

What Is Intermittent or Reduced-Schedule Leave?

Intermittent leave means time off in separate blocks, like an afternoon for an appointment or a day when symptoms flare up. Reduced-schedule leave means working fewer hours for a while. Both count as leave under job-protection laws like the Family and Medical Leave Act (FMLA).

This kind of leave works well for weekly therapy or psychiatry appointments. It can also work for an intensive outpatient program (IOP). An IOP typically runs about three hours a day, three to five days a week, so many people can get more care without stopping work.

What Is Continuous Mental Health Leave?

Continuous leave means several weeks off in a row. It fits when your symptoms make it hard to work at all. It also fits when you start a full-day program like a partial hospitalization program (PHP), which usually lasts 2–6 weeks. If you qualify, the FMLA (or the CFRA, California’s version) protects your job for up to 12 weeks. That’s usually the longest you can take off for mental health with your job held.

Which Laws Protect Your Job During Mental Health Leave?

Five laws can protect your job while you’re out. Two are federal (the FMLA and the ADA), and three are California laws (the CFRA, FEHA, and paid sick leave). Job protection means your employer has to keep your job (or an equivalent one) for you and can’t punish you for taking the leave. Which laws cover you depends on how big your employer is and how long you’ve worked there.

This is general information, not legal advice. For help with your own situation, talk to an employment attorney or one of the agencies listed below.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) gives you up to 12 weeks of unpaid leave a year with your job protected. It applies to a “serious health condition,” which can include depression, anxiety, and other conditions that need ongoing treatment (U.S. Department of Labor). Your health insurance continues while you’re out.

You qualify for the FMLA if you’ve worked for your employer for at least 12 months, and at least 1,250 hours in the past year. Your employer also has to have 50 or more employees within 75 miles of where you work.

Burnout on its own isn’t a diagnosis, so the FMLA doesn’t cover it by itself. It does count when it’s part of a condition you’re being treated for, like depression or anxiety.

The California Family Rights Act (CFRA)

The California Family Rights Act (CFRA) gives the same 12 weeks and has the same rules about how long you’ve worked there. The difference is that it covers employers with as few as 5 employees, and it doesn’t have the 75-mile rule (California Government Code § 12945.2). If both laws cover you, they run at the same time, so you get 12 weeks total, not 24.

The ADA and California’s FEHA

The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) require employers to make reasonable changes, called accommodations, for a mental health condition that counts as a disability. That can include time off or a changed schedule. Under the ADA, a condition counts if it significantly limits something like sleeping, concentrating, or working. FEHA’s bar is lower, since the condition only has to make one of those things harder (California Government Code § 12926). The ADA covers employers with 15 or more employees, and FEHA covers 5 or more.

California Paid Sick Leave

California paid sick leave covers mental health. Since 2024, California employers have to give at least 40 hours or 5 days of paid sick leave a year. After 90 days on the job, you can use it for your own mental or physical health, including appointments, treatment, and preventive care (California Labor Commissioner).

Is Mental Health Leave Paid?

Mental health leave under the FMLA or CFRA is unpaid, so your pay has to come from other programs. California’s State Disability Insurance (SDI) pays part of your wages, but it doesn’t hold your job. Most people combine sick leave or PTO, SDI, and any short-term disability their employer offers.

Program	Protects your job?	Pays you?	How much	For how long
FMLA	Yes	No	Nothing	Up to 12 weeks
CFRA	Yes	No	Nothing	Up to 12 weeks, at the same time as FMLA
ADA or FEHA accommodation	Yes	Only if you use sick leave or PTO	Your regular pay, if you use saved time	As long as is reasonable
California paid sick leave	Yes	Yes	Your regular pay	The hours you’ve banked
PTO or vacation	Depends on your employer	Yes	Your regular pay	The days you’ve banked
California SDI	No	Yes	About 70–90% of wages, $50–$1,765 a week in 2026, after a 7-day unpaid wait	Up to 52 weeks
Employer short-term disability	No	If offered	Varies by plan, often about 60% of pay (BLS)	Varies by plan

You can usually use sick leave or PTO during FMLA or CFRA leave so you keep getting paid, and some employers require it. Either way, that pay stops when your saved time runs out.

SDI covers mental health conditions. It pays when you can’t do your regular job for at least 8 days because of a condition that wasn’t caused by your job. To qualify, you need to have earned at least $300 in wages that had SDI taken out (California EDD). California Paid Family Leave is a different program. It’s for caring for a family member or bonding with a new child, not for your own health.

How to Take Time Off Work for Mental Health, Step by Step

If you need more than a sick day or two, here are the seven steps to take a longer mental health leave. Start with your provider, and sort out your job protection and income before you ask HR.

Step 1. Ask Your Provider What Kind of Time Off You Need

Book an appointment with your therapist, psychiatrist, or doctor, and ask if you need time off. They can tell you how much time you need, from a few hours a week to several weeks in a row. They’re also usually the one who fills out your leave forms, so it makes sense to talk to them before you go to HR. Questions to bring:

• Do you think I need time off, and for how long?
• Would more care, like an IOP or PHP, help?
• Can you fill out my employer’s leave form and a state disability claim?

If you don’t have a provider, start with your primary care doctor or your employee assistance program (EAP). An EAP is a free, confidential counseling benefit many employers offer. It’s usually a few sessions, often one to six (U.S. Office of Personnel Management).

Step 2. Check Which Laws Cover You

Before you ask, figure out which laws cover you. That tells you what kind of leave you can ask for and what to do if your employer says no. Answer these questions using your handbook, offer letter, or benefits portal:

• About how many people work for the company?
• Have I worked here at least 12 months?
• Have I worked at least 1,250 hours in the past 12 months?

Then compare your answers with the FMLA and CFRA rules above.

While you’re in the handbook, find the written leave policy. It tells you which forms and deadlines your employer uses, and whether it offers more than the law, like paid leave.

Step 3. Plan Your Income Before Your Last Day

Figure out how much you’ll be paid each week while you’re out, and where that money will come from. Disability pay usually covers only part of your paycheck. SDI also doesn’t pay anything for the first week, so money is often tightest at the start. To plan it:

• Check your sick leave and PTO balances on your pay stub or benefits portal
• Check whether you have short-term disability insurance (benefits portal or HR)
• Estimate your weekly SDI payment with the EDD’s benefit calculator
• Decide how much sick leave or PTO you’ll use to cover SDI’s unpaid first week

Step 4. Ask HR for Leave in Writing

Email HR to ask for medical leave and the forms you’ll need. If your workplace handles leave through your manager, email them too. Asking in writing gives you a dated record of when you asked, which helps if anything goes wrong later.

If you can plan the leave, give at least 30 days’ notice. If you can’t, tell your employer as soon as you can, usually the same or next business day (29 CFR 825.302). If you need to start treatment right away, don’t wait on the paperwork. Start treatment, then send the forms as soon as you can.

You can adapt this email:

Hi [name],

I’m writing to request medical leave for a health condition, starting [date]. My provider expects I’ll need [about X weeks off / time off for appointments on (days)]. Please send me any forms you need and information about my options under the FMLA, CFRA, and the company’s leave policy. I’ll let you know if anything changes.

Thank you,

[Your name]

You don’t have to say “FMLA” for the law to apply, but naming it makes clear you’re asking for protected leave. Save a copy of what you send.

Do You Have to Tell Your Employer Your Diagnosis?

You don’t have to share your diagnosis to take mental health leave. What your employer can ask for depends on the law:

• FMLA. The certification form doesn’t require a diagnosis (U.S. Department of Labor).
• CFRA. Your employer can’t ask for your diagnosis. It can only ask your provider to confirm that you have a serious health condition and how long you’ll be out.
• ADA and FEHA. Your employer can ask for some medical information to support your request, but a general description like “an anxiety condition” is often enough (EEOC).

Your employer has to keep any medical information confidential. With co-workers, “I’m taking some medical leave, and I’ll be back around [date]” is enough.

Step 5. Get Your Paperwork Signed and Returned on Time

In California you’ll usually have two sets of paperwork. One is the medical certification for your employer, often the Department of Labor’s Form WH-380-E or your employer’s own form. The other is your SDI claim.

Getting both in on time matters. A late certification can cost you FMLA protection until it arrives, and filing SDI at the wrong time can delay your pay.

• Your employer’s certification. You usually have at least 15 calendar days to return it once your employer asks. Ask your provider early, and find out how long their office takes to fill out forms. That way you won’t miss the deadline.
• Your SDI claim. File through SDI Online between day 9 and day 49 after your disability starts. Filing earlier can delay your claim (California EDD). Your provider then completes the medical part.
• Who can sign for SDI. Doctors (including psychiatrists), psychologists, nurse practitioners, and physician assistants can sign your SDI claim (California EDD). Licensed marriage and family therapists (LMFTs) and licensed clinical social workers (LCSWs) can’t. If your therapist has one of those licenses, ask your psychiatrist or doctor to sign instead.

Keep copies of everything you send, with the date you sent it.

Step 6. Hand Off Your Work Before You Go

Write a short handoff note listing your open projects, who’s covering each one, and where the files are. Then agree with your manager on one person who’ll contact you while you’re out. Keep that contact to things like your return date. That way work doesn’t keep pulling you back in during treatment. Set an out-of-office message.

Step 7. Use the Time for Treatment

Spend the leave on the care your provider recommended, plus rest. Rest helps, but treatment is what makes it more likely you’ll feel better when you go back. Keep your appointments or program schedule, and keep a regular bedtime and meals. If you might need more time, tell your provider before your leave ends, because your employer may ask for an updated certification.

What If Your Employer Says No or You Don’t Qualify?

You can ask for time off as a reasonable accommodation under the ADA or FEHA, and you can file a complaint if your employer ignores your rights.

Ask for Leave as a Reasonable Accommodation

You can ask for leave as a reasonable accommodation if you’ve worked there less than 12 months, your employer is too small for the FMLA or CFRA, or you’ve used up your 12 weeks. Ask in writing, and say you have a medical condition and need time off (or a changed schedule) as a reasonable accommodation. No special legal wording is needed (EEOC).

In California, your employer then has to talk it through with you and try in good faith to find something that works. This is called the interactive process. Your employer may ask for a letter from your provider. It can only say no if the accommodation would cause “undue hardship,” which means significant difficulty or expense (California Government Code § 12926). Sometimes an accommodation can give you more than 12 weeks off, but it isn’t guaranteed.

File a Complaint If Your Rights Are Ignored

Your employer can’t legally fire, demote, or punish you for asking for or taking protected leave. If your request is turned down and you think you qualify, ask for the decision in writing. Then you can file a complaint with the agency that enforces the law involved:

• FMLA. The U.S. Department of Labor’s Wage and Hour Division
• CFRA and FEHA. The California Civil Rights Department
• ADA. The EEOC. If you file a disability complaint with the Civil Rights Department, it’s usually shared with the EEOC, so you don’t need to file twice
• California paid sick leave. The California Labor Commissioner’s Office

Each agency has its own filing deadline. Some are less than a year, so don’t wait.

How Do You Go Back to Work After Mental Health Leave?

Plan your return before your leave ends, come back gradually if you can, and keep some treatment going while you settle in.

A week or two before your return date, ask your provider whether you’re ready. Your employer may have told you it needs a fitness-for-duty note. That’s a letter from your provider saying you can do your job. If so, get it at the same visit. If full days feel like too much at first, ask whether you can work shorter days or fewer days for a while.

Many people also move to a lighter level of care as they go back, like going from a full-day program to an IOP a few days a week. That way they still see their care team during the first weeks back at work.

If you’re in an IOP or PHP, groups often cover stress at work, like how to stay calm when a boss is pushing you. When something stressful happens at work, try a skill you practiced before you respond, like stepping away for a few minutes or slowing your breathing.

With co-workers, “I was out on medical leave, and I’m glad to be back” is enough.

If symptoms come back, tell your provider early. If you still have some of your 12 weeks left, you may be able to take more time off in pieces, or you can ask for an accommodation.

Where to Start If You Need Time Off for Mental Health

Whether you need a day or several weeks off for mental health, the first step is the same. Book an appointment with your therapist, psychiatrist, or doctor, and bring the questions from Step 1.

If you’re in the Los Angeles area and think an IOP might help, we’re happy to talk it through. Many people keep working while they’re in our IOP, and our team can help with the paperwork if you need a leave of absence. LAOP runs a CARF-accredited intensive outpatient program for adults in Culver City. Call us at 888-449-0852 and we’ll check your insurance benefits while we talk, or send us your insurance details and we’ll get back to you with what your plan covers. Our admissions team is available 24/7.

If you or someone you know is in crisis, go to the nearest emergency room, or call or text 988 to reach the 988 Suicide & Crisis Lifeline.