Maintaining work-life balance is crucial to your overall well-being. However, it’s hard to find that balance if you feel your job is in jeopardy while you’re faced with challenging mental health issues. If you’re struggling with or getting treatment for anxiety disorders, depression, or have had a mental health crisis, you might be asking yourself: Can I be fired for mental health issues? If this question is on your mind, we’ll break down your rights at work, what your employer can and can’t do, and what steps you can take to protect yourself if mental health is affecting your job.
Are Mental Health Conditions Protected by Law at Work?
If you’re struggling with your mental health, you’re not alone, and you’re likely wondering about your rights at work. Questions like “Can you be fired for having a mental breakdown?” highlight just how complex and misunderstood mental health protections can be in the workplace. Let’s explore what the law actually says about mental health conditions on the job—and what your rights really are.
What the Americans with Disabilities Act (ADA) Says About Mental Health
Can you be fired for mental health issues? Not necessarily. The ADA (Americans with Disabilities Act) protects and supports employees with physical and mental health disabilities. This law prevents employers with 15 or more workers from firing someone just because they have a mood disorder, mental disability, or issues like anxiety, depression, bipolar disorder, PTSD, OCD, or other qualifying conditions.
Does My Mental Health Condition Count as a Disability?
Even if you have high-functioning depression or grapple with a different type of mental issue, your condition may be covered if it limits daily life activities like focusing, sleeping, communicating, or handling stress. It doesn’t need to be permanent—some temporary but serious conditions are also protected from being fired for mental health reasons.
Can an Employer Fire You for Mental Health Struggles?
So, can you be fired for mental health struggles? The answer is: it’s illegal to fire someone simply because they have a mental illness. However, if your condition keeps you from doing your job (even with reasonable help), your employer may be allowed to take action. They must prove that your job duties cannot be performed safely or effectively.
Employers can still expect you to meet basic job requirements. If your mental health condition leads to poor performance, repeated absences, or safety issues, they may take steps to manage the situation, but not without trying to work with you first.
What Reasonable Accommodations Can You Ask for at Work?
You have the right to ask for reasonable accommodations. These are changes that help you manage your job while dealing with your condition. Examples include:
- Adjusted work hours
- Remote work options
- More breaks during the day
- Private or quiet workspaces
- Time off for therapy or treatment
How to Request a Mental Health Accommodation from Your Employer
To request accommodations, talk to your HR department or manager. You may need a doctor’s note, but you don’t have to share everything about your condition. Your employer must respond and consider your request fairly under the ADA.
Can You Take Time Off Work for Mental Health Reasons?
Needing time off for your mental well-being is valid, but many employees hesitate, unsure how their workplace will respond. It’s natural to wonder, “Can a job fire you for mental health issues?” Before making any decisions, it’s essential to understand your rights and how mental health leave is handled under employment law.
Understanding the Family and Medical Leave Act (FMLA) for Mental Health
The Family and Medical Leave Act (FMLA) allows qualified employees to take up to 12 weeks of unpaid leave for serious health issues, including mental health conditions. This leave is job-protected, so you can’t be fired just for using it.
What to Know Before Taking Medical Leave for Mental Health
To qualify, your workplace must have at least 50 employees, and you must have worked there for at least 12 months. Talk to HR about how to apply and what documentation you need, so you understand what’s needed to protect yourself from being fired for mental health reasons.
What If You're Treated Unfairly at Work Because of Mental Health?
The question, “Can you be fired for having a mental breakdown?” isn’t the only concern for many employees. Too often, workers may experience other conflicts at work, such as harassment or improper conduct, which is not permitted in the workplace.
Specifically, if your employer treats you differently because of your mental health condition, it could be considered discrimination, which is illegal under the Americans with Disabilities Act (ADA). Discrimination can take the form of being denied promotions, assigned less desirable shifts, excluded from meetings, or being fired after disclosing your condition or requesting accommodations.
If you’re harassed at work because of your mental health (for example, if coworkers or supervisors make offensive jokes, comments, or isolate you), this may also be illegal. Employers are required to maintain a workplace free from harassment based on disability, including mental health conditions.
You are also protected from retaliation, which means your employer can’t punish you for asserting your rights. This includes situations where you request accommodations, take medical leave, or file a complaint.
If you’re concerned about whether or not you can get fired for mental health issues, or you’re being treated unfairly, take the following steps:
- Document everything. Keep copies of emails, texts, or notes about conversations that show unfair treatment.
- Report the issue to HR or a supervisor as soon as you feel comfortable doing so.
- If nothing changes, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s civil rights agency.
No one should be treated unfairly at work or be in fear of being fired for mental health reasons. You have legal rights, and there are steps you can take if those rights are violated.
Steps to Take If You’re Struggling Mentally at Work
If you feel comfortable, speak with HR or a trusted manager about what you’re going through. Many workplaces also offer Employee Assistance Programs (EAPs), which provide free mental health support.
You don’t have to push through everything alone. Accommodations, time off, and treatment can help you stay productive while taking care of your mental health.
Protecting Your Mental Health and Your Job
If you’re having thoughts like “Can you be fired for having a mental breakdown,” or if you’re being treated unfairly at work due to a mental condition, you deserve support, not punishment. The law gives you rights, and help is available. If you’re facing challenges at work or experiencing a mental health crisis, don’t wait to get the support you need.
At Neurish Wellness, a luxury treatment center in Orange County, CA, we provide compassionate, professional care to help you heal and move forward. From treatment for mood disorders to helping you effectively manage workplace stress, Neurish Wellness is here to help.
If you or a loved one is struggling, reach out to us today to learn more about our mental health treatment programs. We’re here to listen, guide, and help you find peace—one step at a time.
Contact Neurish Wellness now and take the first step toward feeling better.
FAQs: Can You Be Fired for Having a Mental Breakdown?
Can my boss ask about my mental health?
In most cases, your employer can’t ask you personal questions about your mental health unless they directly relate to your job duties or workplace safety. If you request accommodations, they may ask for limited medical information, but they can’t demand full details or a diagnosis.
Do I have to tell my employer about my mental illness?
No, you’re not required to tell your employer about your mental illness unless you’re asking for reasonable accommodations or protected leave. Even then, you only need to provide enough information to support your request—your specific diagnosis does not need to be shared.
Can I be fired for taking too many mental health days?
If you’re taking mental health days through approved leave (like FMLA or PTO), you should not be fired for using them. However, if absences are frequent, unapproved, or affect your job performance, and you’re not covered under medical leave protections, your job could be at risk. It’s important to communicate with HR and explore formal leave options if needed.
What should I do if I feel discriminated against because of my mental health?
Start by documenting everything: Emails, comments, and changes in your role. Report your concerns to HR. If the issue isn’t addressed, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department.
How do I ask for mental health accommodations at work?
You can start by writing to your manager or HR, explaining that you need reasonable accommodation due to a medical condition. You may need a note from a healthcare provider. Focus on how the accommodation helps you do your job, not on your diagnosis.
Are small businesses required to follow mental health protection laws?
The ADA applies to businesses with 15 or more employees. If your workplace is smaller, you may still be protected under state or local laws. It’s a good idea to check your state’s disability rights laws for more details.
Cole Dyar is the Executive Director & co-founder of Neurish Wellness. He has been working in the behavioral health field in operational, clinical, organizational, and managerial capacities for thirteen years. He holds a degree from the University of California, Santa Cruz in sociology and is a Licensed Advanced Alcohol and Drug Counselor (LAADC) as recognized by CCAPP. Cole holds a Master of Science in Industrial/Organizational Psychology including: Organizational Leadership and Design, a Post-Masters in General Marriage and Family Therapy, and is currently a doctoral candidate in MFT with an emphasis in Systemic Administration & Entrepreneurship.