The Family and Medical Leave Act (FMLA) provides job-protected leave to address mental health conditions. It is illegal for an employer to discriminate against you simply because you have a mental health condition.Any change in the workplace or the way things are done that enables an individual with a disability to enjoy equal employment opportunities. No, you can't be fired from work for having a mental illness but most probably you'll be taken care of under the company's benefits. No. An employer's obligation to provide reasonable accommodation applies only to known physical or mental limitations. You may be eligible to take up to 12 weeks of Paid Family Leave at 67 percent of your pay, up to a cap. See below for complete instructions on how to apply. Under FMLA, employees are protected from retaliation for exercising their rights to take leave for mental health conditions. CHARLOTTE, N.C. In the wake of the pandemic, the workplace has changed for many people. While federal, state and local law protect the disabled, there are individuals who do not follow the law.