Legal Question in Disability Law in Texas

ADA and clinical depression

I have a family member who is suffering with clinical depression. He is fearful of losing his job which is of a professional scientific nature if he divulges his condition to his employer. He need to take some time off to get medication started and to get some intensive counseling. He is a very responsible person and is not trying to take advantage of his firm.

Is this protected area under ADA? How does he go about informing his employer of this problem? Is this covered under FMLA?

Please inform of the proper steps to take to get him underway.


Asked on 4/11/98, 11:31 am

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Truth, notice, and reasonable accommodation

To rely on ADA, you must (1) go to a doctor, (2) get a letter from the doctor stating a reasonable accommodation is necessary in order for you to perform the essential functions of your job, (3) be prepared to discuss with your employer what the essential functions of your job are.So you see, you must tell your employer if you are ill. I should imagine truth would help if you want insurance coverage.Get with it, get real/ If you are that sick, your employer probably already knows.If you don't want to tell your employer, take a leave of absence and don't look for insurance coverage.Good luck!

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Answered on 5/14/98, 11:43 pm


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