COVID-19: Mental Health and Workplace Accommodations

A recent research poll conducted for the Mental Health Commission of Canada surveyed over 1,000 individuals, and found that approximately 84% of participants reported feeling some amount of stress related to COVID-19.

It is no surprise that the COVID-19 pandemic has led to a significant decline in the mental health of Canadians. Employers should be alert to the fact that employees with pre-existing conditions such as depression, anxiety disorders and substance use problems may be triggered during these challenging times and others may have developed new mental health conditions .

Mental health disabilities and addictions are protected grounds under the Ontario Human Rights Code. Although it may be challenging to check up on employees due to the remote work environment, employers continue to have obligations to their employees. Included among these obligations is the accommodation of any mental health disabilities, up to the point of undue hardship. Likewise, employees should be aware of their right to seek accommodation in the workplace, even in a remote setting.

Can I seek accommodation from my employer because of mental health issues caused by COVID-19?

If an employee seeks accommodation for mental health issues caused by COVID-19, an employer has a duty to modify the workplace so that the environment can meet the needs of the employee’s disability. The goal is to allow the employee to carry out their work duties, despite their disability

Employment Lawyer Lior Samfiru discusses the duty to accommodate on Season 5 Episode 3 of the Employment Law Show.

What are some examples of accommodation?

Some examples of mental health accommodations in the workplace can include, but are not limited to:

• A medical leave;
• Flexible scheduling;
• More frequent breaks;
• Reasonable modifications to duties;
• Changes in supervision;
• Remote working; or
• Individualized training.

An employer’s Duty to Inquire

Especially the case of mental health disabilities, employees will not always feel comfortable disclosing such personal information to their employer. However, this does not absolve an employer of their legal obligation to address the situation.

In cases where an employer suspects that an employee suffers from a mental illness that may be affecting their performance at work, the employer has a duty to inquire. Some possible traits that could be indicative of a mental health disorder are decreased productivity, increased poor work performance, complaints of fatigue, increased tardiness/absence, or a significant departure from previous behaviour.

Lessons for Employers

Evaluate requests on case by case basis

Mental health requests for accommodations should be evaluated on a case by case basis. If an employee requests accommodation due to mental health concerns, but the employer fails to adequately consider the request, they could be exposed to liability for breach of the Ontario Human Rights Code.

Lessons for Employees

Speak to your doctor

If an employee requires accommodation in the workplace due to their mental health, they should speak with their physician and their employer about possible accommodations in the workplace.

Get a medical note

The employee should always present a medical note to substantiate the request for accommodation.

You do not have to share your diagnosis

The employee does not need to disclose the full diagnosis of their mental condition. They are only required to disclose enough information about their disability that will allow their employer to determine how to accommodate them in the workplace.