What mental health resources can I provide struggling employees? - HR Insights

What mental health resources can I provide struggling employees?

---

Question:

An employee of mine has been underperforming lately. We had a meeting to discuss areas of improvement, and I learned they have been dealing with some significant mental health issues. Are there any resources that I can give them as an employer? What mental health resources can I provide struggling employees?

Answer:

Depending on what state you operate in, you may have a few state or federal leave options to provide the employee. In lieu of state or federal resources, you could consider getting an EAP or similar employer benefits.

Long Answer

Mental health is a tough conversation, especially in the world of business. Many employers may want to help struggling employees, but are unsure of what they can do without overstepping. Thankfully, there are some resources the government provides; however it may depend on where you work.

On the federal side, your employee might be covered under the Americans with Disabilities Act (ADA), in which they could go through the interactive process in order to receive accommodations that may help them continue to work.

Alternatively, if your business qualifies under the Family and Medical Leave Act (FMLA), the employee can take unpaid, job-protected leave for the FMLA, for up to 12 workweeks.

However, some employers may have more resources available through the state. In Colorado, as well as a few other states, their mandatory paid sick leave allows employees to use accrued time for dealing with mental health issues. Some states also have Paid Family and Medical Leave (PFML), such as Colorado’s FAMLI program. These policies act similarly to FMLA leave however they may offer partial wage replacement during leave.

If none of these options are viable, an employer can consider providing an Employee Assistance Program (EAP) benefit to their employees. EAPs provide short-term counseling services as well as referrals to help employees navigate mental illness. Since this is an employer provided benefit, employers interested in offering EAPs will need to consider the costs.

An employee’s mental health is something that should be taken seriously. A lot of stigma exists around it, but it’s important to remember that struggling employees can still continue to do good work and thrive, and they can get better. A little bit of grace from their employer can go a long way.

---

What mental health resources can I provide struggling employees?

Please note: This information is not legal advice and may not reflect specific state or local requirements.