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Posted Feb 5th, 2012
My wife would like to use the FMLA to enter counseling due to sexual harassment. Will this be
covered under the FMLA law?



Legal Topic Area: Labor and Employment in MA

You don't provide enough information for me to give a definitive answer. However, generally, where the employer is covered by FMLA, employees are entitled to up to 12 weeks unpaid leave to obtain treatment for a serious health condition. If the counseling is treatment for a diagnosed serious physical or emotional condition you may be entitled to leave for the treatment. If you are entitled to the leave, it may be taken as "intermittent leave" - used in hourly increments rather than entire days off. However, if you are simply seeking counseling to help you resolve personal issues, that sort of intervention may not be a "serious health condition" which would entitle you to leave.


Answered on Feb 6th, 2012 at 3:20pm