Can You Be Fired for Taking a Mental Health Day?

Pasadena, United States – May 29, 2026 / D.Law /

Workers experiencing stress at work or outside of the workplace may benefit from taking “mental health days” from time to time. But can an employer fire someone for taking a mental health day, or is this a protected right?

D.Law represents California clients suing for wrongful termination and explains more about the legality of firing a worker for taking mental health leave.

Can You Be Fired for Taking a Mental Health Day?

California workers are entitled to certain rights and protections under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). Both laws compel employers to treat mental health conditions similarly to physical disabilities and provide reasonable accommodations for workers experiencing diagnosable mental illnesses.

Such workplace accommodations may include:

Modified job duties
Flexible work schedules
Remote work options
Leaves of absence for treatment or recovery
Support services, such as job coaching or mental health days

Taking a mental health day may be considered a reasonable accommodation for certain workers experiencing diagnosable mental health conditions. In this scenario, firing someone for requesting this accommodation may be unlawful.

Can a Worker Use Paid Sick Leave To Take a Mental Health Day?

Workers may also wonder whether they can be fired for taking a mental health day using paid sick leave. Under the Healthy Workplaces, Healthy Families Act of 2014, California workers are permitted to use paid sick leave for mental health purposes, which may include:

Going to therapy or counseling sessions
Taking a day off work for stress or burnout
Supporting a family member who is experiencing mental illness

Employees are generally not required to provide detailed medical information to their employers. As a result, they may not need to disclose why they are taking a sick day beyond that they are feeling “ill” or “unwell.”

How Workers Can Protect Their Rights After Being Fired for Taking a Mental Health Day

Workers who have been terminated shortly after taking a mental health day may have grounds to pursue a wrongful termination claim against their employer. They can protect their rights through steps such as:

Asking for a written explanation of why they were fired
Making copies of all digital communications related to the termination
Creating a timeline of when they requested mental health leave and any subsequent disciplinary actions
Filing a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).

Hiring an employment attorney can help workers understand their rights under labor laws and whether their job termination was lawful.

About D.Law

D.Law is a California law firm representing clients facing violations of their employee rights. Workers who have experienced discrimination, harassment, wrongful termination, retaliation, or wage theft can request a free legal consultation to discuss their case and learn about their options.

Those who have been fired for taking a mental health day in California can contact D.Law at 818-275-5799 to set up their consultation or discuss disability protections that apply to their case.