legal words
EVEN THOUGH ACCOMMODATING AN EMPLOYEE WHO
SUFFERS FROM ANXIETY, DEPRESSION OR OTHER MENTAL
ILLNESS MAY BE A CHALLENGE, IT IS A LEGAL REQUIREMENT.
forms of mental illness are depression and
anxiety disorders.
According to 2012 figures from Statistics
Canada, 4.7 per cent of Canadians aged 15
and older stated they had experienced a
major depressive episode in their lives and
2.6 per cent of Canadians aged 15 and older
reported symptoms consistent with an
anxiety disorder. In addition, 17 per cent
of Canadians aged 15 and older believed
they had a need for mental health care in
the past year of their lives.
Mental illness is often perceived to be
qualitatively different from physical illnesses,
such as heart disease or cancer.
Those who suffer from mental illness are
sometimes viewed as unproductive, noncontributing
members of society. As a result,
many of those who suffer from mental illness
do not believe it’s in their best interest to discuss
mental health with their employer.
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However, employees with mental illness
can make positive contributions to a
workplace. Whether an employer is aware
or not, they likely employ an individual
who suffers from mental illness, based
on the statistics above. While those suffering
from mental illness may have daily
struggles, this does not negate their positive
contribution to a workplace.
However, daily struggles can and often
do present themselves within a work environment.
Employees suffering with mental
illness can oftentimes exhibit behaviour
costly to an employer, such as absenteeism,
low morale and strained workplace
relationships. These types of behaviour
may affect an employee’s – and ultimately,
an employer’s – overall productivity. In
fact, according to a December 2011 report
titled “The Life and Economic Impact of
Major Mental Illnesses in Canada” by the
Mental Health Commission of Canada,
the economic impact of mental illness on
Canadian workplaces was estimated at
$6.3 billion annually.
In order for a mentally ill employee to
reach their full potential, effective management
may be required. There are myriad
ways that an employer can offer assistance
to a mentally ill employee, says the Ontario
Human Rights Commission. Depending
on one’s needs, effective management may
include modified job duties; encouraging
the use of an employee assistance plan
(EAP); providing alternative supervision
arrangements; providing alternative ways
to communicate with the employee; providing
job coaching; allowing a flexible
work schedule; allowing for more training
or training that is delivered in a different
way; and allowing short-term and longterm
disability leave.
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Continued on page 20
18 ❚ FEBRUARY 2016 ❚ HR PROFESSIONAL