Living through unprecedented times can be exhausting. Over the past two years, employees have reported feeling signs of burnout, fatigue, and even depression as a result of the COVID-19 pandemic.[1] Unsurmountable concerns regarding the state of domestic and international politics have only added to the stress that workers shoulder daily.
One of the ways that employees can manage burnout and other serious mental health issues is by taking time off. However, many employees report feeling guilty for requesting paid sick leave for mental health reasons. Others are completely unaware that national paid sick leave policies even cover time off for mental health. In reality, around 75% of government and private sector employees have comprehensive paid sick leave.[2] Even if the sick time is unpaid, the Family Medical Leave Act (“FMLA”) clearly affords eligible employees the ability to access leave for up to twelve weeks for a serious medical health condition. [3] “Serious medical conditions” has been interpreted to include: anxiety, depression, post-traumatic stress disorder, and bipolar disorder.
Furthermore, the Americans with Disabilities Act (“ADA”) protects employees at businesses with 15 or more workers from discrimination because of a mental illness.[4] Because the ADA requires employers to make “reasonable accommodations” for people with disabilities, it leaves little room for employers to suggest that depression or bipolar disorder are not serious enough to warrant time off for treatment or self-care. In fact, a good rule of thumb is to recognize that your employer cannot treat your mental illness any less seriously than a physical illness that affects your ability to do your job in the same manner.
Examples of reasonable accommodations for mental health issues under the ADA include:
- Altered break and work schedules – for example, scheduling meetings around therapy appointments.
- Quiet office spaces or devices that create a quiet work environment.
- Light therapy lamps.
- Permission to work from home.
Still, employees are leaving their jobs in record numbers. Over 38 million workers quit their jobs in 2021, the majority of those working in health care, retail, and food services.[5] Employers are now beginning to recognize the importance of mental health breaks and exhibiting sensitivity for the behind-the-scenes mental health issues of their employees.
If they haven’t already, employees should start conversations with their bosses or human resource departments to discuss options. Of course, employers may initiate practices on their own to foster a healthy and productive workforce that do not stem from a legal obligation, including: using technology to help remote employees feel less isolated and reminding employees of any policies, programs, or other initiatives in place that support mental health such as wellness programs and webinars. The bottom line is: it is time for both employers and employees to recognize that mental health days are just as important as sick days. Employees and employers should work together to uphold existing legal obligations as well as offer best practices towards improving and maintaining the mental health of the workforce.
[1] https://www.nbcwashington.com/news/local/advocacy-for-mental-health-days-increases-during-pandemic/2862561/
[2] Id.
[3] Family Medical Leave Act, 29 U.S.C. § 2601 et. seq.
[4] Americans with Disabilities Act, 42 U.S.C. § 12101.
[5] https://www.businessinsider.com/how-many-why-workers-quit-jobs-this-year-great-resignation-2021-12