Job protection for employees taking leave is not as robust as many believe, according to a recent analysis. While federal laws such as the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Pregnant Workers Fairness Act (PWFA), and Uniformed Services Employment and Reemployment Rights Act (USERRA) offer certain protections, the extent of job security depends heavily on the specific reason for leave and applicable laws. FMLA, for instance, provides eligible workers up to 12 weeks of unpaid, job-protected leave annually for health and family reasons, but it does not guarantee pay during this period, protecting the absence and the job rather than the paycheck. State laws and employer policies can also provide additional, or sometimes limited, protections.
The growing trend of workers, particularly those experiencing burnout and mental health challenges, utilizing FMLA is straining companies. A 2026 survey by Spring Health indicated that 1 in 6 organizations saw a 25% or more increase in workers taking mental health leave within the past year. Furthermore, about 67% of US employers reported an increase in mental-health-related leaves and accommodation requests over the past year, rising to 74% for large employers, as per a May survey by Littler Mendelson. This surge in absences leads to significant costs, with a 2022 Gallup Panel report estimating a missed workday costs approximately $340 per day per full-time worker, totaling $47.6 billion annually in lost productivity in the US. Employers are finding themselves in a difficult position, needing to hire temporary replacements or redistribute work, often with little notice for mental health-related leaves.
Some employers are becoming concerned about potential abuse of leave policies. While using an approved leave for activities like job searching is not illegal, it contributes to a stigma around legitimate mental health leaves. Although experts like Jeff Nowak and Sean Bell do not believe this is a widespread issue, the perception can lead to increased scrutiny. Despite legal protections against termination for requesting or taking FMLA, two workers who spoke to Bloomberg Businessweek described being laid off shortly after returning from mental health leave, suggesting that employers may seek other documented reasons for termination. This highlights a complex landscape where employees seeking necessary time off may still face job insecurity upon their return, as companies reassess policies amid economic pressures and increased demand for benefits.
