Burnout isn't serious health condition under FMLA, court says

In our pandemic world, mental health is important, and normal stressors such as work, finances, education, and childcare have been exacerbated by health concerns, exhaustion, isolation, and alienation. For essential workers, particularly medical workers on the COVID-19 frontlines, burnout is a reality. Most people and courts can agree certain conditions qualify as “serious health conditions” under the Family and Medical Leave Act (FMLA), such as cancer, diabetes, posttraumatic stress disorder, and coronavirus itself. But what about mental and physical fatigue essential workers experience from treating patients with those and other conditions? What about the grocery clerk who works seven full days a week? What about your employees who say they're seriously burned out?

Burned-out paramedic files suit

One Alabama federal trial court recently answered the question in the negative. The court held a firefighter-paramedic’s burnout or chronic fatigue didn’t constitute a serious health condition as defined by the FMLA.

Kyle Blake sued his employer, the city of Montgomery, for FMLA interference and retaliation after the city accepted his statements that he “couldn’t do it anymore” and “would turn in his stuff if he needed to” as a voluntary resignation of his employment.