Filing leave to take a mental health day can be an effective way to rest and recover from the stress brought on by a mental condition. However, your employer could fire you while you are on leave.
If this happens to you, it is important to understand whether the termination of your employment is legal or not. By knowing your rights as an employee with a disability, you can protect yourself from wrongful termination.
The Americans with Disabilities Act (ADA)
The ADA protects employees from any acts of discrimination against their disabilities, which includes mental illnesses, such as depression, schizophrenia and autism.
With this legal provision, it is illegal for employers to fire employees due to their impairments, as this is a form of discrimination.
Mental health leave as a reasonable accommodation
Disclosing mental health illnesses is not a requirement under the ADA. However, employees may choose to share their condition with their employers, especially if they need reasonable accommodation to perform their duties.
A reasonable accommodation is a modification that allows employees to work effectively. This can be anything from adjusting shifts to providing specific devices, as long as these changes do not lead to excessive costs for the employer or disrupt work operations.
Requesting a mental health day can be a reasonable accommodation provided that you have a mental health condition that meets the ADA’s definition of a disability. Outlining how this time off can help you manage your condition, and thereby, perform at work, is key to making a request.
Termination while on leave
Since Indiana follows the “at-will” employment principle, employers can terminate you with or without cause. This means that they can fire you while you are on a mental health day. However, the reason for the termination must be lawful.
Although a termination after taking a leave might seem like a violation of the ADA, the Equal Employment Opportunity Commission (EEOC) can find it valid if it is based on legitimate factors such as your performance in the workplace. These can include underperforming, committing illegal acts at work and refusing to follow superiors.
However, if your employer fires you in retaliation for taking a mental health day that serves as a reasonable accommodation, they have likely violated the ADA.
What to do if you suspect wrongful termination
By law, employers must provide a valid reason for your termination that is not related to your mental health day. However, they can sometimes use difficult language to mask an illegal firing.
If you believe your termination was unlawful, consider seeking advice from an employment law attorney. They can help determine if you have a valid claim and provide advice on how to proceed with legal action carefully.