Mental health isn’t just a personal concern—it’s a legal one, too. As an employer, you are responsible for more than just the physical safety of your team. Ensuring a healthy and supportive work environment also means considering your employees’ mental well-being. With stress, trauma, and mental health conditions impacting the workplace, it’s essential to understand the legal obligations that come with addressing these challenges. Here’s what you need to know to protect your employees and your business.
Legal Considerations For Employers
Yes: the mental health of your employees is a legal consideration for employers. As an employer, it is your responsibility to ensure that your employees have a safe work environment – which can include the mental health of your employees. Many employers think of the physical safety of their employees. However, it’s important also to consider the psychological well-being of your employees. There are three main laws that should be considered when thinking about the mental health care of your employees.
1. Americans with Disabilities Act (ADA): When job applicants or employees have a mental health condition that limits major life activities, or otherwise have a psychiatric disability, they may qualify for protection under the ADA. The ADA covers approximately 18.5% of the US population for mental health concerns. Employers must provide reasonable accommodations, such as flexible work hours or time off for treatment unless it causes undue hardship to the employer.
2. Occupational Safety and Health Administration (OSHA): Employers are required to maintain a work environment free from recognized hazards. OSHA recognizes that stress from work can create negative impacts on employee mental health. When traumatic events or workplace injuries happen, it is important to address the mental as well as the physical well-being of employees. OSHA recommends that workplaces create a culture of prioritizing mental health in company culture and supporting employees who need assistance.
3. Family and Medical Leave Act (FMLA): Employees who are eligible for FMLA are allowed to take leave for mental health conditions. If an employee or an employee’s family member, requires an overnight stay in a hospital, or continuing treatment by a healthcare provider in order to treat their mental health condition, they are covered by FMLA.
Why It’s Important to Take Mental Health Care Seriously
Outside of the legal considerations – it is simply good practice to take the mental health of your employees seriously. Creating a good company culture that allows employees to care for their mental health has many additional benefits. For example, employees are more likely to stay with a company that has a good reputation making turnover lower. Plus, with a good company culture, you’ll have an easier time hiring top talent as your business grows. Additionally, creating a workplace culture that supports employee mental health is great preventative PR. A negative story about a workplace impacting an employee’s mental health can be damaging for years to come.
Practical Steps to Support Mental Health in the Workplace:
1. Promote Open Communication: Encourage employees to discuss their mental healthcare needs with the appropriate HR representative. Create channels for them to voice their concerns without fear of judgment or repercussions. Keep in mind that HR must keep these conversations confidential, and can’t negatively impact their treatment of employees.
2. Train Management & Employees: Provide training for managers on how to recognize signs of mental health issues and how to approach conversations with employees sensitively and respectfully. Additionally, train management and employees about workplace bullying. Bullying in the office can cause poor mental health for the bullying victim.
3. Establish Policies: Develop clear mental health policies that outline the company’s commitment to supporting employees, including procedures for requesting accommodations or time off. These policies should be in the employee handbook, communicated to employees upon hire, and reiterated throughout the year.
Initiatives Workplaces Can Offer Their Employees
Implementing initiatives that promote mental health can create a more supportive workplace. Workplaces that want to create a company culture that is supportive of mental health will want to implement initiatives like these to follow through on their goal. These initiatives also have benefits outside of mental health care that can benefit all of your employees. Initiatives that support mental health care include:
1. Employee Assistance Programs (EAPs): EAPs provide employees with access to counseling services, mental health resources, and support for personal issues that may affect their work life.
2. Wellness Programs: Offer wellness initiatives that include stress management workshops, mindfulness training, and fitness programs or benefits. These can improve overall employee well-being and reduce workplace stress.
3. Flexible Work Arrangements: Allowing flexible work schedules or remote work options can help employees balance their work and personal lives, reducing stress and enhancing mental health.
4. Mental Health Days: Encourage employees to take mental health days without stigma, ensuring they understand the importance of self-care. These days should be included in employees’ PTO or sick day benefits.
Prioritizing mental health in the workplace is not just a moral obligation; it’s a legal one. Employers must navigate the complexities of labor and employment law while fostering a supportive environment for their employees. If your organization needs guidance on developing mental health policies, understanding legal obligations, or addressing mental health issues within your workforce, our experienced labor and employment law team is here to help. Contact us today to discuss how we can support your workplace’s mental health initiatives and ensure legal compliance.