Many employees have mental health conditions and employers may not even know about some of them. One of the best things employers can do is stay up to date with mental health and employment laws and go above and beyond where possible.
Employees who are mentally supported in the workplace are more productive than employees that are left to deal with their issues alone, according to NAMI Pierce County. Mental health among employees is low, with 4 in 10 saying that their job hurts their mental health. The good news is that 87% of employers have said they intend to increase mental health support over the next two years. But, do they legally have to?
Mental health & employment law
The law makes it clear that employers cannot discriminate against employees with mental health problems. Several laws protect workers in the workplace with mental health conditions. These laws include:
- Americans with Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Equal Opportunity Employment Commission (EEOC)
The ADA makes it clear that mental health should not be considered when offering pay, promotions, and similar. The FLSA backs this up and makes it illegal for employers to pay people with mental health conditions less than those without them. The EEOC says that employers must treat all workers, including those with mental illness, fairly.
Small business responsibilities
The problem with the ADA is that it only applies to businesses with more than 15 employees. Small businesses often have small turnovers and can’t afford to provide mental health benefits to their employees. But at the same time, they can’t afford to ignore it, either. A recent court case involving a Kentucky-based employer resulted in the company having to pay out $450,000 to a former employee. The company fired the employee after he had panic attacks at work which frightened his colleagues. The court ruled that he’d lost his job due to his disability and he was subsequently awarded damages. No business, no matter what its size, wants to lose this much cash or be accused of discrimination. So, they should consider providing the following types of mental health support instead.
Employee Assistance Programs (EAPs)
EAPs are not a legal requirement. However, 93% of employers in the U.S. currently provide one, according to Benefits Pro. EAPs are third-party services that employees can use for support if they’re finding things tough in any aspect of their life. Employees that have been injured at work may find this support helpful, too. Injuries can lead to PTSD, anxiety, depression, and financial problems. Talking and opening up can help employees deal with these issues and turn their lives around.
It’s recommended that EAPs are voluntary. There’s no law in place that prohibits employers from making employee EAP attendance compulsory. However, it is not advised that they do this unless the employee is performing poorly at work or disciplinary action is being taken. If employers request an employee attends an EAP, they should avoid saying that it’s for mental health reasons as this could be considered discriminatory. Instead, they must focus on the benefit the EAP will have on their performance at work.
Give paid time off
Legally, employers don’t have to give their employees paid vacations. Statistics show that 50% of the workforce don’t take vacations, most likely because they can’t afford not to work. Studies have found that taking time off work reduces stress, promotes better sleep, and increases productivity. All of these things have a positive impact on people’s mental health. Providing paid time off to all employees is therefore a great way to support their mental well-being.
Many employees have mental health conditions and employers may not even know about some of them. One of the best things employers can do is stay up to date with mental health and employment laws and go above and beyond where possible.
Join the conversation!