Mental Health Accommodation

[Kyle Charters]

#94437

Forum: Private

Hi….we have an employee on staff whose performance has been suffering and who we know has been going through a difficult time personally (we suspect he has been suffering from mental health issues but nothing has been confirmed). We have met with him and asked what he needs in order to feel happy and engaged at work while also acknowledging that accommodations are available if needed. If they do not come forward requesting accommodations, can we treat this strictly as a work-related performance issue?

[Haley O’Halloran]

#94453

Hi there! It sounds like you have done everything you can beyond a reasonable doubt to provide this employee with accommodations that would help them perform better at work and take care of their mental health. If they are not willing to disclose what they are struggling with and it continues to affect their work performance, it is within your rights to suggest a leave of absence to allow the employee to take care of their health. If they deny there are any issues and you continue to see poor performance every day, issue warnings before jumping to termination.

If an employee discloses a disability and requests accommodations, you must engage in a process to provide reasonable accommodations. However, if the employee does not request accommodations, you are not obligated to make changes based on mental health conditions. If the employee’s performance is not meeting expectations, you can manage the situation as you would with any other employee struggling with performance issues. This could include setting clear expectations, providing feedback, offering additional training or support, and possibly following up with progressive discipline if necessary.

Termination should always be a last resort, especially when an employee is suffering, but if they give you nothing in terms of transparency so you can provide proper accommodations or an improved work performance, they will be leaving you with no other choice but to issue 3 warnings and then resort to just cause termination. Of course, it’s crucial to document your interactions with the employee, including any conversations about performance and accommodations. This documentation will help protect your organization in case there are future concerns regarding potential discrimination or claims of inadequate support.

Best of luck and remember to always lead with empathy – hopefully this employee opens up to you and finds the help they need for both themselves and their workplace!

-HRInsider Staff

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