You Shouldn’t Have to Choose Between Mental Health and Your Career
Living with depression is hard enough. But when you finally find a treatment that works—like Transcranial Magnetic Stimulation (TMS)—you may wonder:
Can I take time off work without risking my job?
The answer is: Yes, you can.
Thanks to the Family and Medical Leave Act (FMLA), many people are able to get the mental health treatment they need without losing their job or benefits.
At Bella Vida TMS, we help patients across Phoenix, Gilbert, and Glendale navigate this process every day. Let’s break down how FMLA works with TMS therapy—and how you can use it to protect your job and prioritize your health.
What Is TMS Therapy?
TMS is a non-invasive, FDA-approved treatment for major depressive disorder. It uses gentle magnetic pulses to stimulate the parts of the brain that control mood.
TMS is:
- Medication-free
- Covered by most major insurance plans
- Typically done 5 days a week for 6 weeks
- An effective option when antidepressants haven’t worked
Since TMS is a daily outpatient treatment, many patients need to take time off work—or adjust their schedules—to attend sessions. That’s where FMLA comes in.
What Is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that lets eligible employees take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions.
FMLA lets you:
- Take time off for your own medical treatment, including mental health
- Keep your job and health insurance while you’re on leave
- Return to your same (or similar) position after treatment
FMLA can be used all at once, or in small amounts of time (called intermittent leave)—perfect for attending daily TMS sessions.
Is Depression Covered Under FMLA?
Yes. Major depressive disorder is considered a serious mental health condition under FMLA.
That means if your depression affects your ability to function at work, you may qualify for protected leave while receiving treatment like TMS.
You don’t need to share specific diagnoses with your employer. Instead, your doctor or provider will complete paperwork confirming that you have a condition requiring ongoing treatment.
How to Use FMLA for TMS Therapy
Using FMLA to get TMS therapy is easier than you think. Here’s how it works:
1. Confirm Eligibility
To qualify for FMLA, you must:
- Work for a company with 50+ employees within 75 miles
- Have worked there for at least 12 months
- Have worked at least 1,250 hours over the past year
If you’re unsure, your HR department can tell you if you’re eligible.
2. Get Certification from Bella Vida TMS
We’ll provide a medical certification form explaining the need for TMS and how long treatment will last. You’ll give this form to your HR or benefits department.
3. Request Leave from Your Employer
You can ask for continuous leave (time off for the entire treatment period), or intermittent leave (just for your appointment times). FMLA protects both.
4. Start Your TMS Treatment
TMS sessions typically take 20–30 minutes each day, Monday through Friday. With FMLA, you can attend these appointments without worrying about job loss.
Will My Employer Know My Diagnosis?
No. Under federal law, your employer cannot ask for your specific medical diagnosis. They’ll only receive a form stating that you have a qualifying health condition and need medical leave.
At Bella Vida TMS, we keep your information confidential and HIPAA-compliant.
What If I Need More Time?
FMLA offers up to 12 weeks per year. If you need more time off after completing TMS, you may qualify for:
- Short-term disability (if offered by your employer)
- Americans with Disabilities Act (ADA) accommodations
- Paid leave, if available under your company’s policy
Our team can guide you through your options and coordinate with your healthcare providers.
Can I Use FMLA and Still Get Paid?
FMLA leave is unpaid—but you can use paid time off (PTO), sick days, or vacation hours at the same time, if your employer allows it.
Some states also offer paid family and medical leave programs, though availability varies.
Why Use FMLA for TMS?
Because your mental health matters. And no one should have to choose between keeping a job and getting better.
Using FMLA for TMS:
- Gives you protected time to focus on healing
- Keeps your job and benefits intact
- Reduces the stress of juggling work and treatment
- Shows your commitment to long-term mental wellness
If you’re worried about how to ask your employer or start the process, we’re here to help.
Final Thoughts
TMS is a powerful tool for overcoming depression—and with FMLA, you don’t have to sacrifice your job to access it.
At Bella Vida TMS, we support you every step of the way—from checking insurance benefits to helping with FMLA paperwork. If you live in Phoenix, Gilbert, or Glendale, and you’re ready to try something new, let’s talk.
References
- U.S. Department of Labor – Family and Medical Leave Act (FMLA) Overview
https://www.dol.gov/agencies/whd/fmla - U.S. Department of Labor – Fact Sheet #28 – The Family and Medical Leave Act
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs28.pdf - National Institute of Mental Health (NIMH) – Depression
https://www.nimh.nih.gov/health/topics/depression - Mayo Clinic – TMS Therapy for Depression: What to Expect
https://www.mayoclinic.org/tests-procedures/transcranial-magnetic-stimulation/about/pac-20384625 - EEOC (Equal Employment Opportunity Commission) – Mental Health Conditions in the Workplace and the ADA
https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights - Society for Human Resource Management (SHRM) – Managing FMLA for Mental Health Treatment
https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/fmla-mental-health.aspx
