Training, eliminating stressors can help
The impact of mental health issues on the workplace is significant. Mental health issues are often very complex and viewed as the most sensitive issue to which employers need to respond.
Over the past few years, more attention has been paid to mental health, yet it has remained a taboo subject for discussion in the workplace.
Employers need to take mental health issues seriously, since the cost of ignoring it are significant: 40 per cent of disability claims and sick leaves in Canada are caused by mental illness, 500,000 workers are off sick each day in Canada due to mental health and $17.8 billion is the estimated annual cost of short-term and long-term leaves attributed to mental illness.
This does not take into account the well-known concept of presenteeism, which contemplates the reduced productivity of workers who, despite battling symptoms caused by depression or other mental illnesses, report to work but are not able to perform at their peak capacity.
One reason why dealing with mental health in the workplace remains such a complex issue is because it still faces significant ignorance and prejudice.
As such, there can be pressures from some to attempt to avoid having to deal with these issues, resulting in discriminatory practices.
Another reason is the difficulty of managing these issues in the workplace when the individuals suffering from these conditions, and their physicians, are themselves often having difficulty identifying the appropriate diagnoses and treatments.
Despite these complexities, there are increasing obligations on employers.
In Ontario, the Occupational Health and Safety Act was amended in 2010 to impose new obligations on employers including an obligation to disclose to others, in certain circumstances, a history of violence regarding an employee.
For the majority of those suffering from a mental illness, there is no increased risk of violence but there does remain some correlation for some individuals and some conditions. In those cases, an employer may have an obligation where it knows or ought to know about increased risks.
How is an employer to navigate these sensitive areas without appearing to be reinforcing a stereotype, engaging in a discriminatory practice or risking the exacerbation of an employee’s symptoms?
As with any disability, illness or otherwise, the extent of the duty to accommodate an employee is often the most difficult question employers are asked. That’s because there is no one answer, and every case must be assessed on its own merits and circumstances.
To manage these issues in the workplace, employers should consider professional and specific training and awareness for all employees, in particular the supervisory staff. The goal is to reduce the existence of social stigma in the environment and encourage individuals to be forthcoming regarding their personal circumstances and need for accommodation, if any.
Armed with this knowledge, the employer can attempt to manage the situation when an employee comes forward as opposed to guessing at facts and being unable to appropriately respond. Furthermore, managers need special training so when employees approach them, they will be equipped to respond appropriately.
The managers will not be vested with the responsibility of handling the matter completely and independently, but that first disclosure is often the most sensitive moment for the employee and it is crucial it be handled properly. To the extent possible, employers should eliminate causative or contributing factors from the workplace, such as an uncomfortable work environment or a bullying supervisor.
Many issues within employers’ control can cause or contribute to stress, such as lack of clear performance expectations, which can lead to or exacerbate conditions relating to an individual’s mental health. Therefore, examining the workplace and attempting to eliminate or minimize those factors can be helpful in reducing the impact of mental health issues in the workplace.
Employers should also be prepared to have a direct conversation with the employee when it is necessary to do so and not be afraid of hearing the employee’s side of the story. While the employee’s disclosure of a mental health issue may trigger the duty to accommodate, it is much better to accommodate the employee now, rather than deal with the potential consequences if it is disclosed upon termination.
Kevin Robinson is a lawyer at Bernardi Human Resource Law in Mississauga, Ont. He can be reached at (905) 486-1991 ext. 225 or [email protected].
Over the past few years, more attention has been paid to mental health, yet it has remained a taboo subject for discussion in the workplace.
Employers need to take mental health issues seriously, since the cost of ignoring it are significant: 40 per cent of disability claims and sick leaves in Canada are caused by mental illness, 500,000 workers are off sick each day in Canada due to mental health and $17.8 billion is the estimated annual cost of short-term and long-term leaves attributed to mental illness.
This does not take into account the well-known concept of presenteeism, which contemplates the reduced productivity of workers who, despite battling symptoms caused by depression or other mental illnesses, report to work but are not able to perform at their peak capacity.
One reason why dealing with mental health in the workplace remains such a complex issue is because it still faces significant ignorance and prejudice.
As such, there can be pressures from some to attempt to avoid having to deal with these issues, resulting in discriminatory practices.
Another reason is the difficulty of managing these issues in the workplace when the individuals suffering from these conditions, and their physicians, are themselves often having difficulty identifying the appropriate diagnoses and treatments.
Despite these complexities, there are increasing obligations on employers.
In Ontario, the Occupational Health and Safety Act was amended in 2010 to impose new obligations on employers including an obligation to disclose to others, in certain circumstances, a history of violence regarding an employee.
For the majority of those suffering from a mental illness, there is no increased risk of violence but there does remain some correlation for some individuals and some conditions. In those cases, an employer may have an obligation where it knows or ought to know about increased risks.
How is an employer to navigate these sensitive areas without appearing to be reinforcing a stereotype, engaging in a discriminatory practice or risking the exacerbation of an employee’s symptoms?
As with any disability, illness or otherwise, the extent of the duty to accommodate an employee is often the most difficult question employers are asked. That’s because there is no one answer, and every case must be assessed on its own merits and circumstances.
To manage these issues in the workplace, employers should consider professional and specific training and awareness for all employees, in particular the supervisory staff. The goal is to reduce the existence of social stigma in the environment and encourage individuals to be forthcoming regarding their personal circumstances and need for accommodation, if any.
Armed with this knowledge, the employer can attempt to manage the situation when an employee comes forward as opposed to guessing at facts and being unable to appropriately respond. Furthermore, managers need special training so when employees approach them, they will be equipped to respond appropriately.
The managers will not be vested with the responsibility of handling the matter completely and independently, but that first disclosure is often the most sensitive moment for the employee and it is crucial it be handled properly. To the extent possible, employers should eliminate causative or contributing factors from the workplace, such as an uncomfortable work environment or a bullying supervisor.
Many issues within employers’ control can cause or contribute to stress, such as lack of clear performance expectations, which can lead to or exacerbate conditions relating to an individual’s mental health. Therefore, examining the workplace and attempting to eliminate or minimize those factors can be helpful in reducing the impact of mental health issues in the workplace.
Employers should also be prepared to have a direct conversation with the employee when it is necessary to do so and not be afraid of hearing the employee’s side of the story. While the employee’s disclosure of a mental health issue may trigger the duty to accommodate, it is much better to accommodate the employee now, rather than deal with the potential consequences if it is disclosed upon termination.
Kevin Robinson is a lawyer at Bernardi Human Resource Law in Mississauga, Ont. He can be reached at (905) 486-1991 ext. 225 or [email protected].
