Supporting employees experiencing mental health challenges has become an important consideration for many businesses across Canada.
The most productive workforce is a healthy and happy one, and good employers understand that supporting staff who are going through a tough time isn't just about meeting your legal obligations, it's good business practice too.
For employees, mental wellbeing is an increasingly important focus and they expect their employer to take mental health seriously.
According to Statistics Canada, 1 in 5 people experience mental health or substance use issues in any given year, and about 1 in 3 Canadians experience mental illness in their lifetime. Research by Mental Health Research Canada found that 31% of Canadians say their mental health significantly affects their work or studies.
Based on those numbers, at any given time, most businesses will have employees who are struggling with their mental health and almost half the workforce will face mental health challenges at some point during their life. This means every employer needs to understand mental health challenges and how to support people who have a mental health condition or are going through a tough time.
Not only is it a legal requirement, it’s the best strategy for your business and its reputation.
In this post, we look at practical ways to support workers’ mental health, how to accommodate workers with mental health conditions, and your legal obligations as an employer.
People living with mental health conditions have a legal right to participate in work.
Regulations covering what employers must do to safeguard employee mental health and accommodate workers with mental health conditions vary across provinces and territories, but there are common requirements for all Canadian employers:
Employers can support mental health in the workplace through practical, preventative actions that focus on safety, flexibility, and open communication. Here’s a quick-reference checklist that you can implement today to support your team’s wellbeing:
Taking a “recovery approach” to mental health is considered international best-practice. This means supporting an individual to improve their health and wellbeing, and focusing on strengths (what people can achieve) rather than deficiencies (what they may not be able to achieve).
It’s helpful to understand your employee’s situation and what they may need from the company to be successful at work. However, employees aren’t required to tell you about the state of their mental health and can legally keep information private, unless it impacts on their ability to perform the key requirements of their role.
Remember the saying: “nothing about you, without you” - mental distress can feel scary, disempowering, and out of control. Make sure that you’re working closely with your employee to support their recovery and reduce risks that may exacerbate their symptoms, rather than making assumptions about their capabilities and needs.
If they have received or are receiving professional or clinical help, it may be appropriate to ask the employee for a note from their doctor or therapist that outlines the support they require at work (just as advice from their physio or rehab specialist would help if they were recovering from a physical injury). This type of request needs to be focused on the accommodations the employee may need vs. the specific issue they are having.
If the person has had time off, you may need to design a plan to gradually return to work, e.g. shorter hours or fewer days each week for a period of time. You may also need to offer individualized training or create detailed guides to help them complete job duties.
You will also need to ensure regular, ongoing monitoring to see how the person is coping. Given the highly individualized nature of mental health conditions, you should be prepared to try strategies and make adjustments.
There can be a lot to learn about accommodating someone with a mental health condition, and there may be people in your business who will need to understand how to best work with your recovering employee.
Make a plan together to identify their key contacts at work, figure out whether there are any changes needed to the way that they work together or communicate, and then support their colleagues to understand what’s needed of them and how they can work effectively together.
You are probably going to need professional guidance, but there is a lot of assistance available.
You are also going to need to check in frequently with managers and team members to get their perspective on how things are going and make changes, if needed.
Part of ensuring every employee can look after their mental health is offering access to wellbeing support, resources, and information. An Employee Assistance Program (EAP) will provide access to confidential counseling and other professional support services.
You may also look at offering in-house wellness initiatives, such as workshops on how to handle and reduce stress, mindfulness training, yoga or pilates classes.
Some employers offer additional “mental health days”, over and above sick leave entitlements, allowing employees time off to rest and recharge.
If you offer healthcare coverage as an employee benefit, ensure the plans cover mental health care, including counselling and therapy.
Part of your legal obligations is making accommodations at work so the person can perform their job.
You may need to adapt the working environment to the person’s needs and capacities, including adjustments to the physical environment (e.g. providing more privacy or quiet spaces) as well as when, where, and how the employee does their job. This might include offering flexible working hours, giving them extra time to complete tasks, or modifying their workload to reduce stress.
Another part of providing a healthy environment is encouraging clear boundaries - e.g. not having to respond to emails or messages after hours - and promoting regular breaks and time off, e.g. sick leave, if they need it. The person may also need extra time off to attend medical or other health appointments.
There can be a lot of stigma around mental health, and the old “you need to harden up” attitude can do more harm than good.
Instead, you should seek to create a culture of compassion where people feel safe to discuss problems they may be having without fear of reprisal or that it might compromise their employment. Leaders should also talk openly about the importance of good mental health and create secure channels for employees to raise issues.
Harassment, discrimination or bullying should not be tolerated. Not only do you have a duty of care to take all reasonable steps to keep employees safe - a poor workplace environment can significantly contribute to employees’ mental health issues.
Work with the person to understand what level of information they’d be comfortable sharing with their colleagues and the wider team. Employees have a right to privacy around their health, including mental health challenges - some people will be more comfortable with their colleagues knowing the details of their condition, while others will prefer privacy.
We all know how good it is to take a good break away from work. Time off helps lower stress and anxiety levels, prevents burnout, and improves focus.
Make sure all your employees know about their vacation pay entitlements and the importance of taking vacations from work. You (and other managers) should also set an example by taking time off, so everyone knows it’s the right thing to do.
Read our post on taking vacations and vacation pay.
Employers must accommodate an employee's mental health needs, but the legal limit to that duty to accommodate is up to the point of “undue hardship”, e.g. when requested adjustments become excessively costly, severely disrupt business operations, or create serious health and safety risks.
At this point if you cannot accommodate the employee and they cannot perform their job, you may be able to move to end their employment.
However, there are legal risks, and you must ensure you’ve done everything in your power to support the person and follow fair process in raising performance or conduct issues and working with them to resolve them.
Dismissing (or discriminating against) an employee because of mental impairment or a disability is illegal.
We recommend getting in touch if you are considering dismissing an employee who is struggling with their mental health.
As a caveat, we are HR experts, not psychologists or counsellors. If you or anyone you know or work with is experiencing mental distress or ill health, please seek the help of trained professionals.