Mental Health Awareness Month

Mental Health America, formerly known as the National Association for Mental Health, began Mental Health Awareness Month in 1949. The purpose of this observance is to raise awareness and educate the public about mental illnesses and how they affect our family, friends, and neighbors, and to help eliminate the stigma associated with mental health issues. The month also serves to bring attention to suicide, which can result from some mental illnesses.

It is estimated that around 26% of adults in the United States live with a mental illness, with young adults being the most affected. These can include things like depression, bipolar disorder, and various anxiety-related disorders. Such a high percentage means that most Americans in the workforce are either suffering from or know someone who is dealing with a mental health issue.

Mental Health at Work

Starting with the pandemic at the start of the decade, it seems there has been a non-stop barrage of issues affecting the mental health of people in the United States. From ongoing conflicts abroad, increasingly polarizing politics at home, and now civil and economic uncertainty, there is a lot weighing on our minds. This has caused anxiety to be the number one mental health issue for U.S. workers, surpassing depression, stress, and addiction among others. It can affect the workplace in ways ranging from decreased productivity and attendance issues to increased turnover and violence. This makes recognizing and addressing mental health a top priority for organizations.

Protections and Accommodation

Employees with mental health conditions are protected under California’s Fair Employment and Housing Act as well as the Americans with Disabilities Act. The extent of the protections can vary depending on the size of the organization and could include:

• Protection from Retaliation/Harassment
• Protected leave under CFRA and/or FMLA
• Reasonable Accommodations for Mental Health

When an employer becomes aware that an employee has a condition or impairment that limits a major life activity, they should immediately analyze their responsibilities, initiate the interactive process, and assess what rights and protections may apply.

Mental Health and Workers’ Compensation

Workers' Compensation eligibility for mental health issues varies from state to state. While almost all states cover mental health issues when they are related to or result from a physical injury at work, California is 1 of only 34 states that allow claims even without an underlying physical injury.

California’s Department of Industrial Relations has placed some limitations on these types of claims. The threshold of evidence to prove a claim of mental-stress-related disability has been reviewed in the last decade, and a worker cannot claim a cumulative stress injury unless they have been employed for at least 6 months. Claims of psychiatric stress injuries caused by normal personnel actions may also not be compensable.

Preexisting conditions could also qualify if they worsen significantly as a result of the job or workplace. While this may sound difficult to prove, it can become easier to place blame if there is a specific work incident that employees can refer to as being responsible for the worsening of their condition.

Guidance for Employers

In 2022, the Surgeon General issued guidance to encourage organizations to address mental health, stating that “a happy, healthy workforce is good for employees and the bottom line”. In his Framework for Mental Health and Well-Being in the Workplace, he encouraged organizations to consider how they protect employees from harm, foster connection and community among their workforce, take work-life balance into account, provide opportunity for growth, and find ways to show employees matter at work. California’s Commission for Behavioral Health also provides resources to help employers support and address mental health in the workplace.

Other ways employers can help their employees’ mental health include:

• Focus on effective communication: provide resources in meetings and encourage supervisors to check in on their employees
• Open-door policies and other ways for employees to present complaints
• Get feedback from employees, both formally (through surveys or meetings) and informally

CEA Members can download toolkits to help with Reasonable Accommodation, Leaves of Absence, or Workers' Compensation. Our Advisors are here to answer questions. Contact us—by phone, email, or LiveChat.