More and more employees are struggling with mental health problems, and as a result, employers are submitting more requests for accommodation and facing increased absences. Stress caused by the pandemic at work and at home has been a significant part of this trend over the last two years.
Under the Federal Disability Americans Act and other non-discrimination laws, most employers must provide reasonable accommodation to qualified employees with mental health problems.
According to a new study by the law firm Fisher Phillips, 43 percent of employers have noticed an increase in the demand for reasonable accommodation related to mental health since the beginning of the coronavirus pandemic.
“We are seeing an increase in employees looking for telecommuting or hybrid scheduling to adjust to their anxiety and depression,” said Emily Litzinger, a Fisher Phillips lawyer in Louisville, Key. “In addition, there has been an increase in demands for emotional support in the workplace to alleviate work-related stress.”
Accommodation is not something that should break the bank. Nearly half of employers say their telecommuting, hybrid and other flexible schedules help solve the mental health problems of their workers.
“Reasonable adjustments are almost always cheap solutions that get your workers on track and make them more productive than they would otherwise be,” said Raeann Burgo, a lawyer for Fisher Phillips in Pittsburgh.
Effective steps to address mental health
Burgo recommended the following strategies to employers:
- Ask employees what they are struggling with in the workplace.
- Ensure that mental health resources are readily available to workers.
- Remind workers of the mental health resources available.
- Create a work culture and environment that nurtures positive mental health.
“Employees are more likely to stay in their jobs if they have personalized, confidential mental health benefits,” Burgo said. “Employers should think about the mental health of their employees as they think about their physical safety.
Eighty-eight percent of HR professionals believe that providing mental health services can increase productivity, while 86 percent believe it can increase retention, according to a 2022 SHRM survey.
Meanwhile, 73 percent of employers offer mental health coverage, and 73 percent provide employee assistance programs, according to SHRM. But 41 percent of HR professionals believe their organization does not offer enough mental health support to employees.
Make sure mental health is not a taboo subject in the workplace. At least 59 percent of companies openly discuss mental health and well-being in the workplace, Fisher Phillips reported.
“Don’t be afraid to start a conversation in the whole company about mental health, because that can slightly increase your chances of getting a request for accommodation,” said Licinger. “As long as your managers are trained to direct such demands to human resources, your organization will be even better at it.”
Employees may be reluctant to discuss their mental health struggles at work, so managers should tell them that this will not lead to a negative reaction.
“Although progress has certainly been made in the past few years, especially given the terrible impact of the pandemic on overall mental health, there is still an unfortunate stigma associated with mental health problems that employers should take special measures to mitigate,” Marisa said. Mastroianni, lawyer at Cola Scotz.
Increased costs for employers
Mental illness has a significant cost for employers, not only in medical claims, but also in absence, fluctuation and presentism. In the Fisher Phillips survey, 51 percent of employers said they reported burnout or mental fatigue, while 46 percent said they faced a higher turnover rate, and 34 percent said they faced a higher absenteeism rate over the past two years.
“Employees who are sick will call the sick more often and have reduced productivity. Absence from work is a constant result of burnout from stress, anxiety and depression. “In addition, there has been an increase in the number of workers that parents or guardians who have had to take time off work to deal with their child’s mental health problems,” Licinger noted.
However, this trend has not necessarily led to more legal battles for employers. Only 12 percent of employers have faced an increase in legal or mental health requirements in the last two years, Fischer Phillips reported.
In general, it is a mistake for employers to ignore or avoid the topic of mental health.
“This is a problem facing the workforce in all industries, and it is crucial for employers to take proactive steps to manage employee welfare. This includes creating relevant mental health policies, ensuring that managers and supervisors are trained to identify and ensure mental health issues. resources for employees to manage their stress or anxiety, ”Licinger said.
Leah Shepherd is Senior Legal Editor at SHRM Online.
