Can I Be Fired for Mental Health Issues?

Is My Employer Allowed to Fire Me for Mental Health Reasons?

Fortunately, the federal government prohibits discrimination based on a mental health diagnosis alone. For instance, The Americans With Disabilities Act makes it illegal to terminate someone’s employment for having a disability, mental or otherwise, including drug addiction.¹ However, they can fire you for behavior that violates company policy. The ADA is only enforced against employers with at least 15 employees, meaning they might discriminate against you due to a mental health issue if you work for a small employer.²

Further, the ADA doesn’t force employers to keep employees on staff who cannot do the job. For example, the ADA won’t protect you if you’re hired as an actress and your anxiety causes you to miss performances. Similarly, the company has every right to terminate your employment under a company policy violation or job performance issue if your social anxiety makes meeting your sales quota impossible.

Can I Take FMLA Leave for Mental Health Issues?

Under the Family Medical Leave Act (FMLA), an employer must provide you with time off to deal with your or your family member’s medical issues, including mental health.

But, like the ADA, there are limitations. Firms with fewer than 50 employees are not required to abide by the FMLA.³  Determine if your company has an FMLA program or offers paid sick leave before you risk getting fired for taking time off for a mental health issue.

What If My Mental Health Issue Is Affecting My Job Performance?

If you believe your mental health issues will affect your job performance, you have every right under the ADA to request “reasonable accommodation.” You could also request FMLA time off to address these issues. Some states, like California, have additional laws to support those with mental health issues, like substance abuse and domestic violence.⁴ Thirteen states require employers to let you take sick leave (paid or unpaid), including time off to deal with mental health issues.⁵

You first have to let the employer know what mental health issue you are facing and then ask for the reasonable accommodation needed to do the job you were hired to do. Or, ask for the time off you need under the FMLA or your paid time off (PTO) program (offered by over 65% of employers).⁶

ADA accommodations support mental issues just like physical disabilities. A person in a wheelchair could ask employers to widen a doorframe or lower a desk. The same is true for FMLA. If your employer gives a co-worker three weeks off for knee surgery, you’d be entitled to that same amount of time off for a psychiatric treatment program.

What Is a Reasonable Accommodation & How Do I Get One?

A reasonable accommodation is an official term under the ADA that requires employers to change the workplace to allow workers with disabilities, including mental disabilities, to have a level playing field with non-disabled workers.⁷

In practice, each reasonable accommodation is specific to the person based on their needs. An individual with vision impairment will have very different needs for reasonable accommodation than one managing a mental health condition like social anxiety.

Some companies ask candidates what reasonable accommodations they need during the hiring process. But you can let an employer know at any time. Larger firms often have an HR department and a “reasonable accommodation” request form. Smaller companies may have simpler processes, like notifying your manager or emailing HR.

The smallest firms may have no process or even be aware of ADA requirements. In that case, you may need to educate them about your condition, rights, and request. Remember, a smaller firm may deny your request if they see this as a business hardship. For example, you’re not likely to get a month off to attend rehab if you’re in a three-person firm and the only sales and service rep.

Examples of reasonable accommodations for mental health include:

• Time off for therapy appointments for themselves or dependents
• Flex scheduling so the employee can complete work when they feel their best
• Part-time work to care for a mentally ill child
• A week’s unpaid time off to attend a treatment program
• Remote work to reduce stress from commuting or social anxiety
• A private work location for someone distracted by loud noises due to PTSD

Can I Keep My Mental Health Issue Private?

You can keep your mental health issues private. You do not need to disclose your mental health issue to your employer if you do not require reasonable accommodation and can do your job. Frankly, it’s illegal for your employer to ask about it if you don’t bring it up.

They may, however, ask about your behavior. For example, if you’re easily angered, overly fearful, or emotional at work, your employer may sense something’s up. In that case, you decide whether to disclose your underlying mental health issue.

The benefit of keeping your mental health issue private is that you don’t risk judgment or bias from your peers, employers, and clients who may not understand mental health problems. However, you miss out on possible support, especially if you need a reasonable accommodation to do your job.

I Was Already Fired. Now What?

You can submit a claim to the local EEOC field office if you believe you were illegally discriminated against due to your mental health issue.⁸ You also have a right to file a lawsuit. However, whether you prevail will depend on several factors, such as the size of the firm as well as what documentation you have as compared to the documentation your employer has.

For example, you lashed out at a co-worker, got drunk at a company party, or cried about your problems to a client. To you, your behavior was a mistake. But to your employer, these actions may violate company policy, and they can legally fire you.

Final Thoughts

Educating yourself about mental health in the workplace is important for protecting yourself against discrimination or wrongful termination. Consider speaking with your employer’s HR department or your manager if you need special accomodations.