What You Should Know About Mental Health Support in the Workplace

May is Mental Health Awareness Month, a time observed to raise awareness about the importance of mental health, dismantle stigma against mental illness, and highlight the many different kinds of support available to help people care for their mental health needs. 

For some workers managing mental illnesses, including anxiety or depression, and balancing their work obligations with treatment, recovery time, or preventative care can be difficult. At A Better Balance, we understand that mental health is a key component of workers’ overall wellbeing, just like their physical health, and that everybody deserves the support they need in managing their conditions and seeking care – as well as caring for their loved ones with mental health needs.

1 in 5 U.S. adults experience mental illness each year. Additionally, young adults, who are also more likely to work in industries or positions without access to critical mental health supports like paid sick time, have the highest rate of experiencing any mental health concerns, and the highest rate of serious mental illness. In order to address our nation’s mental health crisis, we must commit to both combating stigma against mental illness, and prioritizing structural supports for those managing their conditions. 

We are still working towards a future where paid sick time and paid family and medical leave – policies which cover mental illness-related time off – are available to all workers nationwide, but in the meantime, a number of protections exist that can help you attend to your mental health needs or care for a loved ones’ mental health needs.

Here are 5 things you should know:

1. Paid family and medical leave is an important protection for workers who need time to care for their own serious health needs or a loved ones’ serious health needs, including mental health. Thirteen states and Washington, D.C. have passed paid family and medical leave laws for serious health conditions that cover time off for serious mental health related purposes. Additionally, any workers covered by the Family and Medical Leave Act (FMLA) have the right to unpaid, job-protected time off work to manage a serious mental health condition.
   
   
2. State and local paid sick time laws generally cover short-term time off from work for mental health-related needs, like attending therapy appointments or caring for one’s own or a family member’s mental health condition. Click here to learn more about existing paid sick time laws that might be in effect in your city or state.
   
   
3. Under the Americans with Disabilities Act (ADA), which applies to employers nationwide with more than 15 employees, it is illegal for your employer to discriminate against you for having a psychiatric disability, meaning you can’t be fired or demoted for having, for example, depression, or post traumatic stress disorder. Also under the ADA, you may have the right to reasonable accommodations you need to manage psychiatric disabilities at work.
   
   
4. For new or expecting parents experiencing postpartum depression or other perinatal mood and anxiety disorders, the federal Pregnant Workers Fairness Act can help you access the accommodations you need during and after pregnancy, including remote work or telework. Click here to learn more about your rights under the PWFA.
   
   
5. A Better Balance’s free and confidential legal helpline is here to support you. If you have questions about your rights to accommodations or time off work to care for your mental health or a loved one’s mental health, call us at 1-833-NEED-ABB.