Approximately one quarter of Americans have diagnosable mental illnesses each year, according to the National Alliance of Mental Illness. In addition, a large percentage of Americans report feeling workplace stress that could be alleviated by sick leave. However, the difficulty employees have being able to be compensated for mental health-related sick leave is that while the Americans with Disabilities Act (ADA) protects the rights of most employees with mental illness, getting protection under the law can be difficult. For example, if the employer makes "reasonable accommodations" for the employee, such as allowing them occasionally to work from home rather than taking sick leave, then the employer is fulfilling his or her responsibilities under the ADA. In addition, the ADA only requires the employer to provide accommodations for employees who can otherwise carry out the "essential functions" their jobs. As depression is a chronic condition, the employers might argue that the employees, even if diagnosed with depression, can do their jobs and do not need accommodations such as sick leave. If the employees need a long sick leave, employers also can argue that the employees cannot carry out the "essential functions" of their jobs and therefore are not qualified to be covered under the ADA. Therefore, it is more difficult for employees with conditions such as depression to get paid sick leave than employees with physical disorders or sicknesses.
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