Addressing Mental Health in the Workforce

Johanna G. Zelman

May is Mental Health Awareness Month. After fifteen months of the COVID-19 pandemic – which has placed unprecedented stress on Americans dealing with isolation and fear, while juggling closed schools and businesses, homeschooling children, working from home, and economic uncertainty, including ensuring basic necessities – Americans are struggling to recover. One study published by the Centers for Disease Control (CDC) reported a finding that almost 41 percent of adults reported a mental health issue or increased substance use. Other studies published more recently in 2021 reflect similar results. For employers, who rely on a healthy workforce to be successful, this has direct repercussions on productivity, work quality and, in some cases, legal liability.

Despite this, mental health remains highly stigmatized, and employees are often uncomfortable speaking about their troubles at work. But there are things employers can do to encourage their employees to ask for help.

  • Talk to Your Employees. Have your managers and supervisors check in on your employees and ask them how they are doing or if they need anything. Make sure they communicate to employees that as their employer, you are there for them. Employees feel more comfortable speaking to their employers when they know that the subject of mental health is not taboo.
  • Let Employees Know that is Okay Not to be Okay. Many employees believe that they must always put on their best face while at work. This leads to the illusion that they are always happy and that their lives are perfect, discouraging others from coming forward with concerns. Tell employees that they don’t have to always be okay, and encourage them to talk about their concerns. It is okay to not be okay.
  • Make EAP Available and Accessible. Having an Employee Assistance Plan available and easily accessible is a great way to bring mental health care to your employees. Send an email to your employees identifying your EAP provider and providing instructions on how to access it. Put these instructions on your company intranet. Consider giving your employees a few free sessions per year as part of their benefits. Make sure employees understand that the use of EAP services generally will be anonymous unless they are told otherwise.
  • Publish a List of Resources. Every community has mental health and substance abuse resources available. Put together a list of these resources and provide it to your employees, either through email or by making it available on your company intranet, or both.
  • Make Sure Mental Health Care is Covered by Your Health Plan. Many health insurers still do not cover treatment for mental health care. Make sure that the health insurance plan you choose for your employees covers mental health treatment.
  • Encourage Employees to Take Time for Themselves. Rest and relaxation increase productivity. During COVID, many employees gave up their vacations because travel was not possible. Now that it is, encourage your employees to take vacation time, even if it means taking a staycation.
  • Create Opportunities for Employees to Socialize. Bring in donuts on Fridays, and encourage employees to socialize (with or without masks) in the breakroom for a few minutes. Hold a happy hour once a month. Sponsor a cookie competition during the holidays. Social events tend to make for a happier workforce, increasing employee productivity and decreasing the sense of isolation and other factors that lead to mental health issues.
  • Train Your Employees. Providing training to employees about mental health and ways to manage it will let your employees know you are open to hearing their concerns.
  • Ensure All Employees Understand How to Request an Accommodation. Federal law, most state laws, and some local laws require that an employer provide reasonable accommodations to its disabled employees. A mental health condition may qualify as a disability under these laws. A “reasonable accommodation” is any adjustment that can be made to working conditions that allows an employee to perform the essential functions of his or her job, although essential functions need not be eliminated, and the employee’s requested accommodation need not be granted so long as the accommodation provided is reasonable. Tell your employees how to make such a request, and make sure they understand that there will be no retaliation if they do need an accommodation. In some instances, a leave of absence may even be necessary. Again, make sure your employees know it is okay.

Mental illness is often labeled a “silent” disability because, in most cases, it is not apparent. It is, however, no less serious than any physical disability, and, left untreated, can be more harmful. One of the leading causes of employer losses is due to mental health conditions. Employers, therefore, benefit by ensuring that they have a workforce that is healthy, both physically and mentally. Encouraging employees to come forward and seek help for mental health concerns or illness will create loyalty and an overall happier and more satisfying work environment.

This blog originally appeared at FordHarrison on May 26, 2021. Reprinted with permission.

About this Author: Johanna Zelman has represented a wide variety of employers from various industries, but Johanna has a specific strength in matters arising in the municipal employment setting and in public schools and universities.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.