Mental Health in the Workplace

Mental Health in the Workplace

An Accommodation Guide for Managers and Staff

Mental Health WorksTM is an initiative of the Canadian Mental Health Association, Ontario. Copyright ? Canadian Mental Health Association, Ontario Division, 2017

This document provides information only and should not be considered a substitute for obtaining legal advice.

Design support by Marisa Floridia.

What's inside...

Acknowledgements/ Partners

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Purpose of this guide

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Frequently Asked Questions About Mental Health in the Workplace

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Tips for Managers in Accommodating Employees

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Tips for Staff in Requesting an Accommodation

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Building Awareness

Mental Health Concern or Mental Illness?

11

A Challenge for Leaders

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The Reality

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Problematic Substance Use and Addictions

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What is Good Mental Health?

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The National Standard for Psychological Health and Safety

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13 Psychosocial Factors

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The Accessible Employment Standard

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Responding Skills

First Steps in Responding to a Mental Health Concern

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Talking to Your Employee - Mental Health Concerns

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Talking to Your Employee - Substance Use and Misuse

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Questions to Ask Yourself Before Responding to an Employee

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Collaborating

What is Collaborating?

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Hiring

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Common Accommodations in Hiring

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Sample Hiring Notices

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Workplace Information

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Talent and Performance Management

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Communicate Accessibility Policies

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Accommodation Plans

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Accommodation List

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Return to Work Process

34

Putting it all Together

A Sample Return to Work Plan

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How to Engage with an Employee who is Struggling with Substance-Use

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Beginning to Think About Accommodations: Managers

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Beginning to Think About Accommodations: Employees

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Stress Reduction in the Workplace

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Mental Health in the Workplace: An Accommodation Guide for Managers and Staff

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Acknowledgments

This Guide was produced by the Canadian Mental Health Association, Ontario Division with support from the Government of Ontario.

Partners

We would also like to thank the following organizations and individuals, who contributed their time and expertise in the production of this Guide Book:

Ontario Chamber of Commerce Canadian Mental Health Association, Champlain East Canadian Mental Health Association, Sudbury-Manitoulin

Purpose of the Guide

The purpose of this Guide is to outline some key skills that managers in Ontario workplaces should have when presented with an employee who has a mental health concern. The main portion of the Guide is broken into three parts:

1. Building Awareness 2. Responding Skills 3. Collaborating

This Guide complements in-person training provided by the Canadian Mental Health Association, Ontario's Mental Health WorksTM program. Inside it you will find tools and techniques to not only manage your inter-personal relationships with staff, but also strategies to use when developing an accommodation plan or getting ready for an employee to return-to-work after an absence due to a mental health concern.

As you work through it, remember that just as people are not the same, an adequate response to a mental health concern in the workplace will not be the same for two people. We advocate for adopting a person-centered approach to addressing mental health concerns, and encourage workplaces to build a focus on psychological health and safety into their business plans.

The final portion of this Guide is meant to ensure that your accommodation plans, and responses, meet the requirements of the Accessible Employment Standard under the Accessibility for Ontarians with Disabilities Act (AODA).

While this guide is meant for managers and supervisors in Ontario's workplaces, it can be used by employees seeking out information about how to begin a discussion on accommodation.

We begin the guide with some Frequently Asked Questions about Mental Health in the Workplace.

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Mental Health in the Workplace: An Accommodation Guide for Managers and Staff

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Frequently Asked Questions About Mental Health in the Workplace

1. Can I ask someone whether they have a mental illness during a job interview? ? N o, you may not ask someone whether they have any type of disability. You may ask whether they will be able to perform all the essential duties of the job. In doing this, they may disclose that they have a disability that requires an accommodation.

? In order to ensure compliance with the Accessible Employment Standard you must write in your job advertisements that you will accommodate employees, as well as prospective hires during the interview process.

2. An employee has requested an accommodation, but has not disclosed detailed information. What in-formation can I request? ? T he employee is not required to disclose specific diagnoses or even the category of disability, but is required to provide enough information to enable the employer to provide the accommodation. This can include a note from a medical doctor stating that there is a valid disability requiring accommodation, what the work-related limitations are, and what the prognosis for recovery is.

3. I am concerned about alcohol and drug use among employees. Can I require employees to submit to random testing? ? B oth the Canadian and Ontario Human Rights Commissions have specific policies on this type of testing.

? T esting of an employee can only be done where the employer can objectively show that drug or alcohol use would impair an employees ability to do their job, or there is a real safety risk present.

? T he federal guidelines state that where an employee has returned to work after treatment for a substance use concern, testing might be permitted under some circumstances if it is part of the return to work plan or their treatment.

? A lways consult your legal advisor before you begin instituting such a policy.

? Problematic substance use may be considered a disability under certain circumstances. If this is the case you will be required to accommodate the individual up to the point of undue hardship.

4. I have an employee whose performance has deteriorated over the past year. I am concerned this person may have a mental health concern. Can I ask them about it? What if they deny there is a problem? ? A n employer may, as part of a discussion about performance, ask an employee whether there are any problems that are interfering with their work. Without asking if the employee has a mental health concern, you can suggest that the employee consider speaking with your Employee Assistance Program (EAP) or their family doctor, if a health concern is impacting their work.

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? It is appropriate to mention that there is an accommodation policy in your workplace and what the individual should do if they believe they require accommodation. It is important that in the event an employee discloses a mental illness, they are reassured that the disclosure does not jeopardize their employment. An employer may follow normal disciplinary processes if there is no request for accommodation.

5. An employee has returned to work after an extended leave due to a disability and is fine when taking medication, but has behavioural problems when they stop. Can I require an employee to take their medication? ? It is difficult to find any legal basis for an employer to require an employee to take, or continue, a particular treatment. However, the employer can make it clear that when the person returns there are certain performance expectations. If these are not being met, then the return-towork will be reviewed and a determination made about whether the person can carry out the requirement of the job.

6. What is a return-to-work discussion? ? T he return-to-work process after extended leave is an important process in terms of the ultimate success of the employee's ability to meet their job requirements as well as complete a treatment paradigm. To facilitate this, employers should:

? E stablish essential duties of the job;

? Consider any possible challenges in meeting objectives;

? Help the employee understand any concerns and goals;

? R eview the healthcare provider's report on limitations;

? K now about previous performance or workplace relationship issues that were not resolved prior to the absence;

? E nsure that the employee and supervisor have a shared understanding of what will happen upon the return-to-work. Seek out training opportunities to ensure the supervisor is prepared.

7. I am concerned that an employee with a mental health concern may be a safety risk. Can I refuse to hire the person on that basis? ? Safety is one of the criteria that can be used to refuse to hire someone based on a disability, provided that it is directly related to a bona-fide occupational requirement and there is clear evidence that the individual cannot do the job in a safe manner. Basing the decision upon stereotypes of mental illness, rather than on the actual and probable safety risk would be considered discrimination.

8. W hat should I do if an employee is experiencing a crisis or has expressed they are considering suicide? ? As a manager, you should not avoid the situation, TAKE ACTION. You should talk to the employee and listen actively to what they have to say. Contact your local emergency department or crisis telephone line immediately for assistance, or call 911. The time following a crisis or suicide attempt is critical. The employee should receive intensive care during this time. Maintain regular contact and work with the employee to organize support. It is important that the employee does not feel cut off or shunned. For more information visit ontario.cmha.ca.

Mental Health in the Workplace: An Accommodation Guide for Managers and Staff

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Tips for Managers in Accommodating Employees

Accommodating an employee with mental health concerns requires tact and compassion.

Some tips managers can use are: Build Trust To build trust with your staff, maintain integrity and confidentiality at all times.

Make Time to Talk If you have only one or two employees at a time, overlap their shifts by a few minutes to encourage employees to talk to each other, and to you. This builds the team.

Encourage Participation To increase your employees' personal commitment, encourage their participation in decisionmaking processes. Meetings don't need to be formal to be effective.

Be Specific Talking about specific behaviours, rather than using vague language or judgemental terms, will make the conversation easier. Instead of saying "you're acting strange", try something like, "you seem to be much quieter during meetings, that's not like you".

Respect Privacy Privacy laws state that employees have a right to not disclose. You are not entitled to a diagnosis.

Educate Employees Just because you `get it', doesn't mean other staff do. Ensure your team and workplace are educated on mental health concerns and receive training to smash-stigma.

Be Positive Capitalize on the employers strengths, and highlight how they add value to the team.

Tips for Staff in Requesting an Accommodation

It can be hard to approach your supervisor with a concern. Even when they have articulated what the work-place accommodation policy is.

Some tips you can use in your conversation are found below. Start the Conversation Sometimes, even the most astute manager won't notice when something is wrong. Start the conversation by asking for a meeting in private. Don't feel like you need to disclose everything, but let them know you may need an accommodation.

Focus on Effects Accommodations should be effects based. Its not about treating disabilities but accommodating a symptom of them. Focus on what would make your workplace more conducive to your wellbeing.

Make an Appointment with your Doctor After the initial conversation with your manager, make an appointment with your care provider to ask for their input on what an effective accommodation might be. Be sure to request documentation that states the limitations.

Be Honest If it is safe to do so, give as much context as possible to your supervisor so that they can aid you in crafting an appropriate accommodation. Sometimes it takes a few attempts. It is important to let your supervisor know if the plan needs to be updated.

Participate in Check-Ins Let your manager know on a regular basis how things are going. Participating in check-ins, even if informal, is a great way to manage the accommodation plan.

Take Care Take care of yourself. Sometimes the best thing is a leave of absence in order to attend treatment, focus on your care, or use the time to assess your path forward. Speak with your supervisor about sick-leave policies and supports outside of the workplace, such as benefit plans and employee assistance programs.

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