Can You Be Fired for Taking a Mental Health Day?

Work can be stressful for anyone, and it’s natural to want to disconnect from time to time to decompress. But can you get fired for taking a mental health day? What if you have a diagnosed mental health condition? 

Under California’s at-will employment laws, employees can be terminated for virtually any reason, or for no reason at all, as long as the termination does not violate their employment rights. As a worker, is taking mental health days a protected right? D.Law answers these questions and more below. 

When To Contact a Wrongful Termination Lawyer in California 

Even under California’s at-will employment laws, employees cannot legally be fired for reasons that violate their employment rights. Workers who have been wrongfully terminated for mental health conditions or other unlawful reasons often benefit from consulting a wrongful termination lawyer in California. 

Understanding California sick leave laws and other employment statutes can be overwhelming, and it may be initially unclear whether your employer violated your rights. A wrongful termination lawyer in California can review your employment contract and termination to help you understand whether any legal violations may have occurred. If so, they can walk you through your next steps under state or federal laws. 

Is Mental Illness a Protected Medical Condition in California? 

Can you get fired for taking a mental health day, or is this a form of workplace discrimination and wrongful termination? The answer depends on a range of factors surrounding your termination. 

Under California law, employers must treat mental health conditions similarly to physical disabilities. As a result, the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) compel employers to provide reasonable accommodations for workers experiencing anxiety, depression, PTSD, and other diagnosable health conditions. 

Reasonable workplace accommodations may include:

• A flexible work schedule (later start times, extended breaks, etc.)
• Modified job duties
• Remote work options
• Workplace modifications (quiet spaces to work, noise-cancelling headphones, softer lighting)
• Support services (mental health days, job coaching, etc.)
• Leave of absence for treatment or recovery

As you can see, taking a mental health day may be considered a reasonable accommodation in some cases. 

Under the Healthy Workplaces, Healthy Families Act of 2014, California workers are entitled to use accrued paid sick leave for mental health purposes, such as:

• Taking a mental health day for stress or burnout
• Attending counseling or therapy sessions
• Supporting a family member through mental health concerns

What Are Your Rights Regarding Mental Health in the Workplace? 

Understanding your employment rights surrounding mental health and mental illness can also help you determine whether your employer may have violated your rights. If you have a diagnosable mental health condition, your employer generally cannot legally do any of the following:

• Terminate you for requesting reasonable accommodations
• Fire you after you disclosed a mental health condition
• Ask for medical records with more details than are reasonably necessary to determine the proper accommodations
• Deny you a promotion or demote you after disclosing your mental health condition or history
• Harass you or create a hostile work environment for talking about mental health at work or disclosing your condition
• Require you to pay for your accommodations 

Any of these actions could be considered mental health discrimination, which is unlawful in California. 

When Is It Lawful To Fire Someone for Taking a Mental Health Day? 

While firing someone for taking a mental health day can be considered wrongful termination in some cases, it may be within an employer’s rights in other cases. This may be lawful if:

• The absence violates company policy.
• The employee cannot perform essential job functions even with reasonable accommodations.
• The employee poses a threat to themself or others in the workplace.
• The employee does not have a diagnosable mental health condition. 

Still, there are nuances to what is lawful under the ADA and FEHA. For example, you may not be required to disclose why you are taking a sick day, which means your employer would have no way of knowing whether your mental health condition is “diagnosable.” 

It may be a good idea to speak with a wrongful termination lawyer, even if you think your employer may have been acting within their rights. 

Proving Wrongful Termination for Mental Health Discrimination 

If you believe you were fired for taking a mental health day, an employment attorney can help you collect evidence to tie your termination to this event. For example, your employer may have explicitly stated in an email something along the lines of “A mental health day is not a valid excuse for using sick time” as the reason for firing you. 

Other evidence may include:

• Testimony from coworkers
• Communications with your employer about why you were taking a day off
• Communications detailing your request for reasonable accommodations
• Medical records showing your mental health diagnosis
• Circumstantial evidence showing that you were fired after taking a mental health day and that your employer did not cite any other legitimate reasons for firing you

What To Do if You Are Fired for Taking a Mental Health Day 

If you have recently been fired for taking a mental health day or requesting other reasonable accommodations, taking these steps can help you protect your rights under state and federal employment law:

• Ask your employer for a written explanation of your termination.
• Make copies of all digital communications and other relevant documents, and store them in at least two locations outside of your work account.
• Create a timeline detailing when you requested accommodations and any disciplinary actions that followed.
• Consult a wrongful termination lawyer to discuss your case and learn more about your rights and options.
• File a complaint with the California Civil Rights Department or the federal Equal Employment Opportunity Commission (EEOC).

Request a Consultation With D.Law Today 

Can you get fired for taking a mental health day? What is the process for suing due to emotional distress? D.Law can answer these and other questions to help you understand your legal rights as a California employee. Contact us today at 818-275-5799 to request a legal consultation.