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  • Mental Health Issues
    • Anxiety
    • ADHD
    • Bipolar Disorder
    • Depression
    • Grief
    • Narcissism
    • OCD
    • Personality Disorders
    • PTSD
  • Relationships
    • Dating
    • Marriage
    • Sex & Intimacy
    • Infidelity
    • Relationships 101
    • Best Online Couples Counseling Services
  • Wellness
    • Anger
    • Burnout
    • Stress
    • Sleep
    • Meditation
    • Mindfulness
    • Yoga
  • Therapy
    • Starting Therapy
    • Types of Therapy
    • Best Online Therapy Providers
    • Online Therapy Reviews & Guides
  • Medication
    • Anxiety Medication
    • Depression Medication
    • ADHD Medication
    • Best Online Psychiatrist Options
  • Reviews
    • Best Online Therapy
    • Best Online Therapy with Insurance
    • Best Online Therapy for Teens
    • Best Online Therapy for Anxiety
    • Best Online Therapy for Depression
    • Best Online ADHD Treatments
    • Best Online Psychiatry
    • Best Mental Health Apps
    • All Reviews
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  • Can I Be Fired for Mental Health?Can I Be Fired for Mental Health?
  • What About FMLA?What About FMLA?
  • What About My Performance?What About My Performance?
  • What Are Reasonable Accomodations?What Are Reasonable Accomodations?
  • Can I Keep My Mental Health Private?Can I Keep My Mental Health Private?
  • What If I Was Already Fired?What If I Was Already Fired?
  • ConclusionConclusion
  • Additional ResourcesAdditional Resources
  • InfographicsInfographics
Careers, Work, and Jobs Articles Work Burnout Mental Health Day Off Work Life Balance

Can I Be Fired for Mental Health Issues?

Laura Handrick

Author: Laura Handrick, HR Professional

Laura Handrick

Laura Handrick HR Professional

Laura, HR expert since 1989, featured in 75+ publications. Notable roles at ConAgra, The Maids, and American Red Cross.

See My Bio Editorial Policy
Pat F. Bass, MD, MS, MPH

Medical Reviewer: Pat Bass III, MD, MS, MPH Licensed medical reviewer

Published: October 4, 2023
  • Can I Be Fired for Mental Health?Can I Be Fired for Mental Health?
  • What About FMLA?What About FMLA?
  • What About My Performance?What About My Performance?
  • What Are Reasonable Accomodations?What Are Reasonable Accomodations?
  • Can I Keep My Mental Health Private?Can I Keep My Mental Health Private?
  • What If I Was Already Fired?What If I Was Already Fired?
  • ConclusionConclusion
  • Additional ResourcesAdditional Resources
  • InfographicsInfographics

You can be fired for behaviors caused by mental health issues if they affect your ability to do your job. Admitting to firing someone for a mental health condition is risky because doing so may be considered discrimination under the Americans with Disabilities Act. Instead,  a company may terminate an employee at any time for any reason using a doctrine referred to as “at-will employment.” However, employers risk being sued (by you) for wrongful termination or discrimination if they terminate you solely because of your mental health (and can still perform your job).

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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.

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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.

Additional Resources

To help our readers take the next step in their mental health journey, ChoosingTherapy.com has partnered with leaders in mental health and wellness. ChoosingTherapy.com is compensated for marketing by the companies included below.

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Online Therapy 

BetterHelp – Get support and guidance from a licensed therapist. BetterHelp has over 30,000 therapists who provide convenient and affordable online therapy. BetterHelp starts at $65 per week and is FSA/HSA eligible by most providers. Take a free online assessment and get matched with the right therapist for you. Free Assessment

Psychiatry, with You in Mind

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*Includes all types of patient cost: copayment, deductible, and coinsurance. Excludes no shows and includes $0 Visits.

For Further Reading

If you or a loved one are dealing with issues surrounding mental health in the workplace, these resources might help:

  • Office of Disability Employment Policy | US Department of Labor (DOL)
  • Mental Health in the Workplace | National Safety Council
  • Stigma About Mental Health Issues in the Workplace | NAMI National Alliance on Mental Illness
  • USA.gov labor laws 
  • How to Accommodate Employees with Mental Illness

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Can My Employer Fire Me for Mental Health?   Can I Keep My Mental Health Private?   I Was Fired, Now What?

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Sources Update History

ChoosingTherapy.com strives to provide our readers with mental health content that is accurate and actionable. We have high standards for what can be cited within our articles. Acceptable sources include government agencies, universities and colleges, scholarly journals, industry and professional associations, and other high-integrity sources of mental health journalism. Learn more by reviewing our full editorial policy.

  • Equal Opportunity Employment Commission. (2016). Depression, PTSD and Other Mental Health Conditions in the Workplace. Retrieved from https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights

  • Pro-Ed Publications Rehabilitation Counseling Bulletin. (2006). The impact of business size on employer ADA response. Retrieved from https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi

  • Department of Labor. (n.d.) Employer’s Guide to the Family and Medical Leave Act. Retrieved from https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/employerguide.pdf

  • State of California, Department of Industrial Relations (2017) Healthy Workplace Healthy Families Act. Retrieved from https://www.dir.ca.gov/dlse/ab1522.html

  • National Conference of State Legislators (2020). Paid Sick Leave. Retrieved from ncsl.org/research/labor-and-employment/paid-sick-leave.aspx

  • Society for Human Resource Management. (2017) SHRM Customized Paid Leave Benchmarking Report. Retrieved from https://www.shrm.org/ResourcesAndTools/business-solutions/Documents/Paid-Leave-Report-All-Industries-All-FTEs.pdf

  • Social Security Administration Ticket to Work (2015) How the Americans with Disabilities Act (ADA) Protects People with Mental Illness. Retrieved from https://choosework.ssa.gov/blog/how-the-americans-with-disabilities-act-ada-protects-people-with-mental-illness

  • US Equal Opportunity Employment Commission. (2020). US Field Offices. Retrieved from https://www.eeoc.gov/field-office

Show more Click here to open the article sources container.

We regularly update the articles on ChoosingTherapy.com to ensure we continue to reflect scientific consensus on the topics we cover, to incorporate new research into our articles, and to better answer our audience’s questions. When our content undergoes a significant revision, we summarize the changes that were made and the date on which they occurred. We also record the authors and medical reviewers who contributed to previous versions of the article. Read more about our editorial policies here.

October 4, 2023
Author: No Change
Reviewer: No Change
Primary Changes: Edited for readability and clarity. Reviewed and added relevant resources.
December 8, 2020
Author: Laura Handrick, HR Professional
Reviewer: Pat Bass III, MD, MS, MPH
Show more Click here to open the article update history container.

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