Employee mental health support is no longer just an option—it’s a necessity. With mental health challenges on the rise, employers must be prepared to handle crises effectively and compassionately. Managing mental health crises with sensitivity and compliance is a win-win not only benefiting affected employees and also safeguarding the employer from potential legal risks.

This blog provides an overview of legal obligations, practical steps, and preventative measures for employers in handling mental health crises in the workplace. Employers can create a supportive environment that addresses both legal requirements and employee well-being.

The Importance of Mental Health Support in the Workplace

Mental health issues have become increasingly prevalent across industries, with studies showing that nearly 1 in 5 U.S. adults experience mental health conditions annually. The impact is not only personal for the employer: Unmanaged mental health issues can lead to decreased productivity, safety concerns, and high turnover rates for employment.

Creating a supportive work environment benefits everyone. Employees feel safer and more valued, and employers experience higher engagement, productivity, and retention. Legally, the employer’s duty to create a safe workplace extends to mental health, requiring policies and procedures that consider these challenges.

Legal Obligations and the ADA

Understanding your legal responsibilities as an employer is critical when addressing mental health crises. The Americans with Disabilities Act (ADA) mandates that employers with fifteen or more employees provide reasonable accommodations to employees with disabilities, which includes certain mental health conditions. Some states have ADA-equivalent statutes that are applicable to employers with fewer than fifteen employees.

Duty to Accommodate

Reasonable accommodations for mental health might involve flexible scheduling, work-from-home options, or modifying job duties temporarily. For instance, an employee experiencing heightened anxiety may benefit from adjusted deadlines or periodic check-ins with their manager. Notably, accommodations should balance employee needs with operational demands, and employers are only required to accommodate if it does not cause “undue hardship” for the business. As interpreted by the courts, “undue hardship” can be a different burden for employers to meet.

Confidentiality

Maintaining confidentiality is essential, especially regarding health-related matters. Employers must handle employees’ mental health information sensitively, in compliance with ADA and HIPAA regulations if applicable. Ensuring that only relevant personnel are informed of an employee’s needs or accommodations respects privacy and builds trust. Note that HIPAA is applicable only to “covered entities,” which are defined as: (1) health plans; (2) healthcare clearinghouses; and (3) healthcare providers that electronically transmit certain health information (and certain “business associates” of covered entities). HIPAA generally does not apply to employee health information maintained by an employer.

However, employers still have obligations to protect the confidentiality of employee health information in their possession under the ADA, which requires employers to maintain employee disability-related medical information in a confidential medical file that is kept separate from the employee’s personnel file. Such information may be disclosed only in limited situations and to specific individuals.

Recognizing a Mental Health Crisis in the Workplace

Early recognition can make all the difference in managing a mental health crisis effectively. Certain behaviors may indicate an employee is struggling, such as sudden shifts in performance, mood swings, increased absenteeism, or a marked change in social interactions. Managers should be trained to observe these signs and respond without making assumptions or judgments.

Equipping managers with the skills to recognize and address potential mental health concerns is crucial. Sensitivity training can help managers approach situations with empathy, avoiding stigmatizing language or behaviors. It is essential that they understand when to engage and when to refer employees to appropriate resources, such as an Employee Assistance Program (EAP).

Immediate Steps to Consider During a Mental Health Crisis

When a mental health crisis occurs, prioritizing safety and responding promptly is critical. Here are some practical steps for employers and managers:

1. Ensure Safety First

In any crisis, the immediate priority is ensuring the safety of the affected individual and those around them. If necessary, escort the employee to a private, quiet space where they can regroup or speak with a mental health professional. In cases of severe distress, involving emergency medical services may be appropriate.

2. Engage with Empathy

Approach the employee with empathy, using non-judgmental language that conveys understanding. Listening without interrupting or passing judgment can help the employee feel supported. Avoid making assumptions about the employee’s needs or state of mind; instead, ask open-ended questions like, “How can we best support you right now?”

3. Documentation

Accurate documentation is crucial for transparency and liability protection. Record details of the incident, including any support offered and steps taken. Keep records confidential and secure, ensuring they are only accessible to relevant HR or management personnel.

Follow-Up Actions and Support Systems

Following up with an employee after a mental health crisis is essential for both recovery and trust. Thoughtful follow-up can help the employee feel valued and respected, while also ensuring continuity in their work.

1. Create a Plan for Ongoing Support

A supportive re-entry plan may include adjustments in workload, temporary modifications to the work environment, or ongoing access to resources such as an Employee Assistance Program (EAP). An EAP can offer confidential support for mental health challenges, giving employees a safe space to address issues outside of work.

2. Monitoring and Adjustments

Regular check-ins after the employee returns to work can help ensure that accommodations are effective and adjusted as needed. Periodic discussions between the employee and their manager or HR representative can foster open communication, making it easier to adapt support based on the employee’s evolving needs.

Preventive Measures and Creating a Supportive Workplace Culture

Handling crises effectively is crucial, but preventive measures may reduce the likelihood of crises occurring in the first place. A proactive approach to mental health creates a workplace culture that values and supports employee well-being.

Proactive Mental Health Support

Promoting mental health awareness, offering mental health days, and providing access to resources are all ways to prevent crises. Consider holding workshops or training sessions in stress management and resilience to give employees tools for managing mental health.

Workplace Culture

Building a culture that prioritizes mental health starts from the top. When leadership engages in empathy and encourages open communication about mental health, employees are more likely to feel comfortable seeking support early. Reducing stigma around mental health issues can help employees feel safer and more engaged in their work.

Conclusion

Managing mental health crises in the workplace requires a balance of empathy, proactive support, and legal compliance.  By recognizing the importance of mental health, meeting legal obligations under the ADA, and fostering a supportive culture, employers can create a workplace where employees feel safe and valued.

If you’re an employer seeking to improve mental health support in your workplace, review your crisis management protocols, or provide manager training, please contact Doug Taylor at (703) 525-4000 or rdougtaylor@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.