Can employees file for leave under the CFRA or FMLA for depression and anxiety/stress claims?

Although it isn’t automatic, employees may be eligible for leave under the federal Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) for depression, anxiety and/or stress under certain circumstances.

Not all claims of mental stress are eligible for these leaves, but if a doctor examines the individual and completes and signs a medical certification that the individual is incapacitated by mental stress, the employee may be eligible for the leave.

Indeed, FMLA (mirrored in this respect by the CFRA) states that “a serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or