Mental Health and Performance Management
There are many issues employers must deal with when mental health issues arise in the workplace.
Employee Discloses a Mental Health Condition
Once it is put on notice, the company has an obligation to engage with the employee reporting a mental health issue—pursuant to the Americans with Disabilities Act and other state and city laws. In order to determine whether he or she has a disability that substantially limits a major life activity, an investigation must occur. The company may request medical documentation that describes such limitations. After receiving such documentation, the company may assess whether—and how—it might reasonably accommodate any disability going forward. A reasonable accommodation could take many forms. It is important to remember that time off can constitute a reasonable accommodation in certain cases.
The company may have him or her attend an examination by an appropriate medical provider of the company's choosing.
The particular accommodations depend on the particular case as well as the employee handbook and the various applicable laws.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007