Question: Our long-term, well-liked employee just quit, saying she’s been struggling with depression and anxiety for over a year. Her supervisor mentioned a few months ago that she was using sick leave more frequently and he noticed she hadn’t seemed like herself, but he didn’t follow up and she never asked for an accommodation. We’re sad to see her leave the company; could we have done more to help?
Answer: This is a great question, and one that requires a careful balance between caring for your employee and avoiding legal risks. Individuals in the U.S. are increasingly suffering from mental health issues that may qualify them for a protected leave of absence or reasonable accommodation under the Americans with Disabilities Act (ADA). According to a recent large scale study, mental health related leaves of absence increased by 300% since the pandemic. In the first quarter of 2024, more employees in the U.S. took medical leave for mental health reasons than for accidents, cancer, COVID-19, heart disease, or heart attacks combined. According to the ADA National Network, 18% of U.S. workers report having a mental health condition in any given month. Supervisors are on the front lines of this crisis; they are charged with managing employees who are increasingly likely to experience workplace challenges and barriers due to mental illness. At the same time, supervisors need to be careful not to intrude into an employee’s personal life or make assumptions about their health. In the situation you described, there may have been more you could have done to reach out to the struggling employee, but your supervisor needs to be provided with the tools to do so beforehand.
Supporting Employee Mental Health: Empowering Supervisors with Training and Resources
Not every mental health sign or symptom will mean that an employee is struggling with mental illness, or trigger leave rights or ADA protections. However, effective communication and practical adjustments may be required to help a particular employee succeed. Companies can support employee mental health, fulfill their legal duties, and more effectively manage performance and attendance when supervisors are armed with the training and tools to respond to mental health signs and behaviors consistently and with empathy. Employers should strive to identify resources and protocols they can use to better support employees who may be suffering from mental illness before the need for leave arises. Does your company offer an Employee Assistance Program (EAP)? Are employees aware of it and encouraged to use it? Are supervisors adequately trained to spot and respond to signs of mental health issues at work? Do they understand the company’s legal obligations? Vigilant offers a one-hour training, “Supervisor’s Toolkit for Managing Mental Illness at Work.” This course is online, interactive, and delivered by a Vigilant Law Group employment attorney. If an employee requires accommodation due to a mental health condition, it is critical to set aside assumptions and stay open to a wide range of solutions. In addition to obtaining a medical opinion, we recommend utilizing the Job Accommodation Network (JAN), run by the U.S. Department of Labor, which offers confidential guidance on workplace accommodations based on different categories of disabilities. JAN recently rolled out a new tool called the “Situation and Solutions Finder” that allows HR to search for accommodation ideas by disability, limitation, and occupation.
Vigilant members, you can find legal guides, model policies, and forms related to protected leave and disability accommodation on the member website. Finally, because these situations can be complex and fact-intensive, be sure to contact your Vigilant Law Group employment attorney for specific legal advice.
Employers facing complex challenges like this can benefit from Vigilant membership, offering dedicated and ongoing support for HR and employment law matters.
