Supporting employees experiencing mental health challenges has become an important consideration for many businesses in New Zealand.
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.
The most recent Stats NZ figures show that 26% of people in New Zealand experience poor mental wellbeing - down slightly from 28% in the previous 2021 survey. In the past 10 years, the number of Kiwis reporting high or very high levels of psychological distress has been rising - up to 13.0% of adults (about 564,000 people) in 2023/24, according to the NZ Health Survey.
Based on those numbers, at any given time, 1 out of 4 employees will be struggling with their mental health (women report higher levels of poor mental health than men) and 1 in 8 will be under high or very high levels of psychological distress. 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.
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.
In New Zealand, there are a number of pieces of legislation that cover employers’ obligations in safeguarding employee’s mental health, and accommodating workers with mental health conditions:
New Zealand is also a signatory to the UN Convention on the Rights of Persons with Disabilities, which provides an international agreement for promoting the rights of people with disabilities (including psychosocial disabilities like depression, bipolar disorder, and anxiety), including ensuring reasonable accommodation of disability is provided in employment.
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 crucial to understand your employee’s situation and diagnosis (if they have one), and what they may need from the organisation to be successful at work - while reducing risks that may exacerbate their symptoms.
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, instead of making assumptions about their capabilities and needs.
If they have received or are receiving professional or clinical help, it may be appropriate to reach out to the professional for advice and insight to help you tailor your support (just like you’d work with their physio or rehab specialist on a return-to-work plan if they were recovering from a physical injury). You must get your employee’s permission to do so.
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 individualised 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 individualised 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 requirements, allowing employees time off to rest and recharge.
If you offer health insurance as an employee benefit, ensure the plans cover mental health care, including counseling and therapy.
Part of your obligations under the Human Rights Act is making reasonable 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 “take a concrete pill and 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 decent break away from work. Time off helps lower stress and anxiety levels, prevents burnout, and improves focus.
Every employee who’s been with you for 12 months is entitled to 4 weeks of annual leave each year, but you can allow employees to take leave before they have worked for the full year.
Make sure all your employees know about their leave entitlements and the importance of taking annual holidays. You (and other managers) should also set an example by taking annual leave, so everyone knows it’s the right thing to do.
Read our post on the benefits of taking annual leave.
Ultimately, employers do not have to keep an employee who is unable to fulfil their role because of illness (or injury).
Despite your and your employee’s best efforts, it may come to a point where your employee cannot do their job because of their mental health, or that the business can no longer practically accommodate their needs.
If your employee has been absent for a reasonable period of time - typically 12 weeks (consecutively or in total) over a 12 month period, although this can be shortened if agreed in your employment agreement - and you’ve made reasonable efforts to support and accommodate them in their recovery, you can start to consider ending their employment for medical incapacity.
However, before you can terminate an employee’s employment on medical grounds (known as termination for medical incapacity or medical termination), there is a process you must follow. This includes holding the role open for the employee to return to and going through a fair enquiry into the employee’s situation, medical prognosis, and ongoing needs.
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.