Managing Employee Mental Health: Legal Considerations for Employers
The mental health of employees has been put in sharp relief after the COVID-19 pandemic with 76% of United States employees reporting a minimum of one mental health symptom in 2021 and a 33% increase in mental-health related employee absences in 2023. Mental health is always a concern for businesses that make employee health a priority — and the concern extends beyond overall health. Human resources professionals need to be aware of the legal implications of mental health in the workplace and Cahue Enterprises HR Consulting, Inc. can help.
Learn more about managing employee mental health and the legal considerations for employers with this blog post created by Cahue Enterprises.
What Are the Legal Obligations for Mental Health in the Workplace?
Mental health is about more than health — it has a legal component as well that HR departments need to be responsible for. Just like companies are responsible for the physical health and safety of employees in the workplace, they do carry some responsibility for the mental health and well-being of employees.
Here is a better look at laws and legal considerations that you need to be aware of when it comes to mental health in the workplace:
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) supports employees in a variety of ways — including support of mental health and psychiatric disabilities. An estimated 18% of working adults struggle with an anxiety disorder and 9.5% suffer from depression that will affect them in the workplace. The ADA defines a psychiatric disability as a physical or mental health impairment that substantially limits one or more major life activities.
Important elements of mental health in the ADA that are relevant to employers include that disclosure of a psychiatric disability is a protected choice, employers must provide reasonable accommodations for workers with psychiatric disabilities that can include access to medical treatment and medication, leave of absences for mental health, and more.
Occupational Safety and Health Administration (OSHA)
The Occupational Safety and Health Administration (OSHA) requires that employers provide a safe work environment free of hazards — to include mental health hazards. Accidents and traumatic events in the workplace can lead to additional stress, anxiety, and depression that can have a negative impact on a business. OSHA recommends that employers provide a workplace culture that prioritizes mental health and supports employees, which can have legal implications.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) provides support for employees and their families who may need additional leave from their employer — and provides initiatives for mental health. Employees that have worked for the same employer for 12 months or a minimum of 1,250 hours are eligible for FMLA leave for mental health. Under the FMLA, employers are legally required to allow eligible employees to take leave for severe anxiety and depression, for treatment of mental health conditions, to care for family members with mental health conditions, and more.
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If you are taking a closer look at managing employee mental health, it is important to know and understand the legal considerations for employers. We hope that this overview created by Cahue Enterprise HR Consulting, Inc. can help answer your questions. Contact Cahue Enterprises today for an HR consultation about mental health!