Mental Health Leave

[TerriAnn Smith]

#98002

Forum: Private

I currently have an employee who has been away since the Christmas break. He has disclosed to me that he is an seeking help as an inpatient at the hospital for his mental health. I have been supporting him without pushing but need guidance at what time does he need to further communicate with me on his prognosis (not diagnosis)? I have not heard from him in a week and I have sent two emails since then communicating that we will issue his ROE if he would like to apply to EI during his leave. I have had no medical verification for his leave, just his word. I understand that the employee must communicate to facilitate a RTW program, but how do you determine when it is the right time to send a mental health FAF for his doctor to complete?
Thank-you,
Terri-Ann

[Haley O’Halloran]

#98003

What you can reasonably expect from the employee right now

An employee who is hospitalized for mental health treatment is not required to provide frequent updates, but they do have an obligation to maintain basic communication about their employment status.

At this stage, it is reasonable for you to expect:

-Confirmation that the leave is ongoing
-An estimated duration of absence, if known
-Participation in the accommodation/RTW process when medically able

What you cannot require:

-Diagnosis
-Treatment details
-Daily or weekly updates while inpatient

Given that you have not heard from him in a week, it is appropriate to move to a more structured request.

Medical verification: when it becomes appropriate

You do not need to accept an indefinite leave based solely on verbal disclosure.

It is reasonable to request medical information when:

-The absence extends beyond a short period (which this has)
-The leave is ongoing and undefined
-You need information to manage accommodation, benefits, or operational impacts

At this point, you are well within your rights to request medical confirmation of ongoing disability-related leave, provided it is:

-Limited to functional abilities and prognosis
-Clearly tied to accommodation and RTW planning

Prognosis vs. diagnosis: what to ask for

You should not ask for diagnosis, but you can ask for:

-Whether the employee is currently medically unable to work
-Anticipated duration of absence (or “unknown / to be reassessed”)
-Functional limitations relevant to work
-Ability to participate in RTW planning
-Recommended restrictions or gradual RTW when appropriate
-Date for reassessment

This is exactly where a Mental Health Functional Abilities Form (FAF) is appropriate.

When is the “right time” to send the Mental Health FAF?

Now. But how you frame it matters.

You are not sending it because you doubt him — you are sending it because:

-The leave has extended
-Communication has paused
-You need medical guidance to meet your duty to accommodate

Even if he is inpatient, the form can:

-Be completed by a treating physician, psychiatrist, or hospital physician
-Indicate “unable to determine prognosis at this time,” which is acceptable

Waiting too long actually puts you at risk, because you cannot manage accommodation or benefits without medical guidance.

Best-practice approach

I recommend a single, supportive, clear email that:

-Acknowledges his situation
-Reaffirms support and confidentiality
-Explains why medical info is now needed
-Sets a reasonable deadline (e.g., 7–10 days)
-Attaches the Mental Health FAF
-Explains EI/ROE separately (don’t bundle pressure)

Move from “checking in” → “administrative necessity tied to accommodation.”

If he continues not to respond

If there is still no response after a reasonable deadline, you may:

-Follow up once more
-Send a registered letter if necessary

You should not discipline at this stage. You may issue the ROE based on available information, and remember to document everything.

Lack of response does not automatically equal abandonment, especially in a mental health context, but it does justify formalizing the process.

RTW obligations — when they actually begin

The employee’s duty to cooperate in RTW:

-Begins once medically able
-Is triggered by requests that are reasonable and accessible

You are not violating this duty by asking for a FAF now — you are setting the groundwork.

I hope this helps!
-HRInsider Staff

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