Seasonal Affective Disorder (SAD), a common type of depression, often arises when the daylight hours get shorter, according to the Centre for Addiction and Mental Health, a leading Canadian hospital. With the winter months upon us, many of us will experience the winter blues, but for some the blues may be a sign of SAD and may continue for months with minimal relief. As such, during these winter months it is of increased importance that employers in Canada ensure they have the proper programs in place to address mental illness in the workplace.
The statistics
The following statistics highlight the importance of taking steps to deal with mental illness in the workplace:
- About 20 percent of the total Canadian population will experience a mental illness in their lifetime (11 percent of men and 16 percent of women in Canada).
- Every day, 500,000 Canadians are absent from work because of psychiatric problems.
- The economic burden of mental illness in Canada is estimated at $51 billion per year, and $20 billion of that stems from workplace losses.
- The Mental Health Commission of Canada states that about 30 percent of short- and long-term disability claims in the country are attributed to mental health problems and illnesses.
- About a third of the population says they are fearful of being around people who suffer from serious mental illness.
The benefit
The benefit of addressing mental illness in the workplace and putting in place effective accommodation programs is twofold:
(1) it may lessen the severity of employees’ mental illnesses; and
(2) it may reduce the economic burden on the company.
That is because having a supportive workplace will often decrease the symptoms felt by employees suffering from mental illnesses, and early accommodation of a mental illness may prevent the need for short- or long-term disability.
Steps to address mental illness
To address mental illness in the workplace, employers can:
- Become informed on the topic. For example, an employer can go to the Mental Health Commission website and download information guides or watch webinars like this one: Psychologically Healthy Workplaces, Trauma, and Resilience;
- Take a zero-tolerance approach to stigma surrounding mental illness. This could be done by senior leaders of the company releasing a statement stating that negative comments, attitudes, and stereotypes about mental illnesses or disabilities will not be tolerated.
- Let people know that mental illness will be treated like any other illness and that human resources and management will work with employees to ensure that legitimate disabilities are reasonably accommodated.
- Whenever possible, include people with mental health problems and illnesses in the development of programs and policies to address mental illness.
- Draft clear written policies and procedures for dealing with mental illness in the workplace.
- Train human resource professionals and managers to notice the warning the signs of mental illness and address the signs with employees when reasonable grounds are present to suspect a mental illness.
- When an employee discloses his or her illness to a manager or human resources professional, the employer should collect relevant medical information. Note, an employer is entitled only to necessary medical information. For example, employers generally aren’t entitled to know the individual’s exact diagnosis or treatment plans.
- When a mental health illness or disability is disclosed and medical information is provided, employers should follow up, in writing, with specific requests if the medical information is insufficient (e.g., does not provide the employer with a clear sense of what accommodations are required).
- Tailor accommodation programs to the employee’s mental illness or disability with feedback from the employee’s medical professional. There is no “standard” accommodation for those with mental health disabilities and illnesses.
Fulfilling the duty to accommodate
When employers are accommodating a mental illness, they must ensure they take a proactive approach. This is because employers have both a procedural and a substantive duty to accommodate an employee’s mental illness or disability, under provincial and federal human rights legislation.
Therefore, even if the employee isn’t capable of expressing that he or she needs help and requires accommodation, the duty to accommodate can arise. That means an employer has a duty to accommodate when the employee exhibits apparent mental health-related problems in the workplace, regardless of whether the employee explicitly reports to the employer that he or she has a mental illness.
Please contact us if need assistance in developing a policy or program to address mental health issues in the workplace in Canada.
Contemplating opening operations in Canada or already operating there? You need to understand the complexities of Canadian employment laws. Because both Canadian federal and provincial governments have jurisdiction over employment, it is important that you know which one regulates your industry and how to abide by their laws. Join us on January 10 for Canadian Employment Laws 2017: Best Practices and Key Rules for Operating North of the Border. Fasken Martineau DuMoulin LLP attorneys Brian P. Smeenk, Emilie Paquin-Holmested, and David G. Wong will provide up-to-date explanations on the latest Canadian employment laws and regulations impacting how you conduct business to help you minimize your company’s legal risks. For more information, click here.
