What to Do When Employees Claim Mental Health Issues

Mental health is a hot button topic. People today are much more likely to disclose emotional concerns than in previous generations, including in the workplace, which can leave employers unsure what to do. It gets even more confusing when you can’t distinguish between a legitimate mental health concern and an employee making excuses to get what they want.

Here are some tips to help you figure out whether someone needs support, and what to do about it.

Always take claims seriously.

Unless you’re a mental health professional, you aren’t qualified to decide if a claim is true or not. And the truth is, neither is the employee! If an employee complains of a mental health situation, such as anxiety or depression, don’t dismiss it.

Determine if there’s a safety risk.

Even if you can’t diagnose the employee, you need to decide if they're a direct threat to themselves, coworkers, or customers. Has the employee mentioned suicidal thoughts? Does the employee have fits of “acting all crazy” and no longer being in control of their faculties? These might indicate an immediate risk in the workplace. There’s less risk if the employee claims mental health as a reason to call off work early or work from home.

Take initial action, based on the risk.

If an employee appears to be a direct threat, he/she cannot stay at work. Put the employee on a leave of absence until cleared for work duties. If necessary, reach out to the employee’s emergency contact or even the police to conduct a wellness check.

On the other hand, if you don’t sense an actual threat, consider offering unpaid leave… or simply have the employee continue working while you look into next steps (read on below!).

Require professional certification.

You can't just take the employee's word for it. Certification should include a clearance to return to work duties (and often a “step back into work” plan) for severe cases, and/or necessary workplace accommodations for longer-term situations. Be aware that mental health certifications must come from a qualified professional, such as a therapist or psychiatrist. A note from an urgent care or emergency room doctor could justify an absence, and info from a general practitioner could possibly go further, but many mental health situations need guidance on when (and how) the employee can return to work, which requires specific expertise.

Set a due date for paperwork to be turned in. We typically recommend you allow two weeks. This is longer than we’d suggest for documentation of physical injuries, but it acknowledges that getting an appointment and diagnosis from a qualified mental health professional can take time.

Look into legal classifications and required accommodations.

Depending on your state, company size, and written policies, there are different requirements if the situation is classified as a medical leave of absence or disability with accommodations.

A medical leave of absence is normally granted for in-patient care, or when out-patient therapy sessions are needed so frequently that working a regular schedule becomes difficult. A leave of absence could also be granted if an employee needs to address a family member’s mental health crisis.

A situation classified as a disability usually calls for long-term, ongoing accommodations. This could mean a more relaxed approach to attendance or the ability to sometimes work from home. Big callout: Accommodations for mental health should not be solely based on what the employee asks for. You should require documentation to support the request, and make sure the accommodation is reasonable and won't pose an undue hardship on the company, other employees, or customers.

Note: Always review ALL regulations before taking any steps – or ask us, and we can help make sure you’re on the right path.

What if there’s no paperwork?

You’ve done everything above but you’re still waiting (and waiting) on the medical certification. Sometimes missing documentation is proof that the employee is simply making an excuse. But keep in mind that employees who are legitimately suffering from a mental illness may not be able to focus enough to get the paperwork and submit it. Either way, the company is not responsible for the failure to provide proper certification. If the employee hasn’t provided legitimate certification from a qualified professional in a reasonable timeframe, you can proceed as though the mental health component is not relevant.

In other words: if an employee claims that attendance issues are due to anxiety, but he does not provide paperwork to document this, you can discipline him according to standard procedures.

Mental health concerns are on the rise, and employees need help and support. Consider mental health accommodations like you would for physical health: If you would give leave for a medical situation like a shoulder surgery, extend a similar leave for a mental health emergency. Accommodate a documented disability, whether physical or mental, as long as it doesn’t place undue hardship on the company, other employees, or customers. If nothing else, remember that mental health situations can be murky, so we recommend you ALWAYS require professional certification.