Understanding Our Role in FMLA Paperwork NOT DONE

Navigating disability leave or the Family and Medical Leave Act (FMLA) can involve significant paperwork and clinical documentation. We may be able to assist with certain disability and FMLA documentation when the request falls within the clinician's professional scope, the clinician is an appropriate provider for the type of certification requested, and the information can be supported by the clinical record and treatment relationship.

Our role is to provide accurate, clinically supported information regarding symptoms, functioning, treatment needs, and limitations. We do not determine whether an individual is legally eligible for disability benefits or FMLA leave, and completion of paperwork does not guarantee that a request will be approved.

Under the FMLA, certain eligible employees may take job-protected leave for their own serious health condition or to care for certain family members with a serious health condition. A mental health condition may qualify as a serious health condition when applicable FMLA requirements are met (U.S. Department of Labor [DOL], 2026).

What Is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons. FMLA leave may be taken continuously, intermittently, or through a reduced work schedule when the applicable requirements are met (DOL, 2025a).

For mental health conditions, FMLA may apply when a condition meets the definition of a serious health condition under the law. This can include certain conditions involving inpatient care or continuing treatment by a healthcare provider (DOL, 2026).

FMLA eligibility and approval are not determined by Clear Water Wellness. Eligibility is determined under applicable law and by the appropriate employer or leave administrator. Our role, when we are able to provide certification, is to provide the clinical information that is within our scope and that we can reasonably support.

FMLA Is Not the Same as a Disability Accommodation

FMLA and disability accommodations are related, but they are not the same thing.

FMLA generally provides eligible employees with job-protected leave for qualifying medical and family reasons. Other laws, including the Americans with Disabilities Act (ADA), may provide different protections or require reasonable accommodations for qualified individuals with disabilities. Depending on the circumstances, more than one law may apply. (DOL, n.d.)

If you are unsure whether you need FMLA, a workplace accommodation, or another type of support, we recommend first reviewing your employer's requirements or speaking with your human resources department. Your clinician can then focus on providing the clinical information that falls within their role.

What Can We Do?

Depending on the specific request, the clinician's professional qualifications, and the requirements of the requesting organization, we may be able to assist with:

  • FMLA documentation related to a client's own mental health condition

  • Continuous leave documentation

  • Intermittent leave documentation

  • Reduced work schedule documentation

  • Short-term disability paperwork

  • Long-term disability paperwork

  • Documentation regarding functional limitations

Please note: The U.S. Department of Labor does not require employers to use one specific FMLA certification form. Employers may use the Department of Labor's optional forms or their own forms, provided the applicable legal requirements are met (DOL, 2025b).

Because requirements vary, it is important to review the specific paperwork before determining whether we can appropriately complete it.

What Can We Not Do?

We cannot:

  • Guarantee that you qualify for FMLA

  • Determine whether your employer is covered by the FMLA

  • Require your employer to approve your leave

  • Guarantee that your employer will accept the documentation

  • Provide information that is not supported by the clinical information available to us

  • Complete documentation outside of our professional scope

We also cannot complete documentation simply because a particular answer has been requested. Any information provided must reflect your actual clinical needs and be supported by the information available to your clinician.

If a request requires information, evaluation, or expertise outside of our scope, we may recommend that you work with another healthcare professional who is better positioned to provide it.

References CHECK

U.S. Department of Labor. (2022). Fact sheet #28O: Mental health conditions and the FMLAhttps://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health

U.S. Department of Labor. (2023). Fact sheet #28F: Reasons that workers may take leave under the Family and Medical Leave Acthttps://www.dol.gov/agencies/whd/fact-sheets/28f-fmla-qualifying-reasons

U.S. Department of Labor. (2025a). Fact sheet #28: The Family and Medical Leave Acthttps://www.dol.gov/agencies/whd/fact-sheets/28-fmla

U.S. Department of Labor. (2025b). Fact sheet #28G: Medical certification under the Family and Medical Leave Acthttps://www.dol.gov/agencies/whd/fact-sheets/28g-fmla-serious-health-condition

U.S. Department of Labor. (n.d.). Employment laws: Medical and disability-related leavehttps://www.dol.gov/agencies/odep/publications/fact-sheets/employment-laws-medical-and-disability-related-leave