Employees who are struggling with mental health issues have clear rights under New York law. Not only do many types of mental health issues qualify as disabilities under the New York State Human Rights Law (NYSHRL)—meaning that employees with these conditions are protected against discrimination in the workplace—but last year Governor Hochul signed a new law that provides additional rights to employees with qualifying health conditions as well.
How New York Law Protects Employees Who Are Coping with Mental Health Issues
Understanding your legal rights as an employee is important regardless of your physical or mental health. But, when you are coping with a mental health issue, it is especially important to ensure that you do not fall victim to unlawful disability-based discrimination or any other violation of your legal rights.
Unfortunately, many employers are not as aware of New York’s worker protections as they should be. Likewise, many employers lack a clear understanding of the importance of mental health and the effects that mental health issues can have on employees’ personal and professional lives. As a result, it is not uncommon for employees to encounter issues related to their mental health conditions in the workplace.
If you have questions, or if you believe that your employer may have violated your rights, here is an introduction to three key aspects of New York’s employment laws pertaining to mental health:
1. Disability Discrimination Involving Mental Health Conditions
Many types of mental health conditions are covered under the disability provisions of the NYSHRL. This is New York’s law that prohibits discrimination in the workplace. Under the NYSHRL, a “disability” is defined as:
“(a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques of (b) a record of such an impairment or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held.”
As the New York State Division of Human Rights explains, the NYSHRL’s definition of a disability “has been broadly construed . . . . [and t]here are no qualifiers as to the severity of the disability.” While individual circumstances vary, generally speaking, if you have a diagnosed mental health condition that negatively impacts your ability to do your job, there is a good chance that you are covered under the NYSHRL. A New York employment lawyer at our firm can determine if you are covered, and if you are, we can assist you with protecting your legal rights as necessary.
The NYSHRL prohibits disability-based discrimination in the workplace. It also requires employers to provide reasonable accommodations to employees who need them due to their mental health conditions. While employers do not have to provide accommodations if there are no “reasonable” options available, employers must engage an “interactive process” with their employees to determine whether there are truly any options available.
2. Paid Safe and Sick Leave for Mental Health Conditions
In addition to the prohibitions and requirements imposed by the NYSHRL, employers in New York City must also provide time off to eligible employees who are coping with mental health disorders. This leave must be paid in nearly all cases.
Under New York City’s Paid Safe and Sick Leave Law, “covered employees have the right to use safe and sick leave for the care and treatment of themselves or a family member.” All employers must provide a minimum of 40 hours of leave; and, with the exception of employers with four or fewer employees that have a net income of less than $1 million per year, this leave must be paid. Additional rights afforded to employees covered under New York City’s Paid Safe and Sick Leave Law include:
- “Employers must allow employees to use safe and sick leave as it is accrued, with no waiting period for new hires.”
- “Employees can use safe and sick leave for unexpected reasons without giving advance notice.”
- “Employers can require documentation only when employees use more than three workdays in a row of safe and sick leave, if the documentation requirement is explained in the employer’s written policy.”
As the New York City Consumer and Worker Protection Division explains, “acceptable reasons” to take leave under the Paid Safe and Sick Leave Law include, “[y]ou have a mental or physical illness, injury, or health condition; you need to get a medical diagnosis, care, or treatment of your mental or physical illness, injury, or condition; you need to get preventive medical care.”
Your employer cannot retaliate against you for taking leave under the Paid Safe and Sick Leave Law (or for filing a claim or seeking a reasonable accommodation under the NYSHRL). If your employer illegally retaliates against you, you may be entitled to additional remedies.
3. Workers’ Compensation for Qualifying “Mental Injuries”
In 2024, Governor Hochul signed a new law that provides greater coverage for “mental injuries” under New York’s workers’ compensation law. This law took effect on January 1, 2025. While the law previously only allowed certain first responders to file workers’ compensation claims for “mental injury premised on extraordinary work-related stress,” this is now an option for all employees in New York.
Unlike the NYSHRL and the New York City Paid Safe and Sick Leave Law, New York’s workers’ compensation law only covers work-related mental health conditions. Workers’ compensation claims are subject to strict deadlines and other requirements as well. As a result, if you think you may need to file a workers’ compensation claim for a mental health condition, it will be important for you to take appropriate action promptly.
Contact Us for a Free and Confidential Consultation
If you need to know more about your legal rights as an employee in New York, we invite you to get in touch. To request a free consultation with an experienced New York employment lawyer at Bell Law Group, please call 516-280-3008 or tell us how we can reach you online today.
