Real World Impact: This article is a continuation of a series of Alerts providing guidance for employers on mental health in the workplace and specifically addresses how employers can not only meet the requirements of the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) but work to implement best practices related to employee mental health with the goals of increasing productivity, job satisfaction, and retention.
Introduction
As discussed in previous articles in this series, mental health issues among employees have become increasingly common in the United States over the last decade. These issues often implicate two major federal laws: the ADA and the FMLA. The Department of Justice’s removal of certain ADA guidance earlier this year serves as a timely reminder to employers to regularly review their policies and procedures to ensure that managers and human resource team members are up to date on ADA and FMLA requirements. It is also an opportunity to go beyond compliance and implement proactive mental health programs that support both employee and organizational health.
The ADA and FMLA: A Refresher
Originally passed in 1990 and amended in 2008, the ADA affirms that individuals with physical or mental disabilities are entitled to full participation in society and protection from discrimination. Congress found that “physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination.” Employers must engage in the interactive process with employees, as discussed in more detail in the first article in this series, who request accommodations to determine what reasonable adjustments would enable them to successfully perform their job duties.
What qualifies as a reasonable accommodation under the ADA has evolved. Items once considered special accommodations—such as ergonomic desk chairs or standing desks, even working remotely—are now commonplace features, highlighting a broader cultural shift toward more inclusive practices.
The ADA often works in conjunction with the FMLA. Under the FMLA, eligible employees may take up to 12 weeks of unpaid, job-protected leave annually for certain family and medical reasons, including mental health conditions. Eligibility depends on factors such as size of the employer, proximity of employees and the employee’s length of service.
While compliance with these laws is mandatory, employers also have the option to take a more holistic approach—offering benefits that address mental health proactively, much like preventative healthcare offerings such as routine dental exams or mammograms.
Going Beyond Compliance
Although the ADA and FMLA establish baseline obligations, employers and employees can both benefit if organizations go beyond the minimum. Today’s standard mental health benefits typically include access to therapy and counseling, psychiatric medications, and digital mental health tools. However, to attract and retain top talent, many employers are expanding these offerings.
A truly supportive mental health strategy focuses not just on responding to crises, but on creating a workplace environment that helps employees maintain good mental health. Studies show that poor employee mental health correlates with increased absenteeism, loss of productivity, and increased turnover—each of which can be costly events for employers. Furthermore, when employees feel their mental health is compromised by their job, they are less likely to feel connected to the overall mission of the organization. Many even leave for positions that offer stronger mental health support, and some may leave because they’re dissatisfied with the level of mental health support even if they don’t have another job lined up.
A key challenge remains: awareness. About two thirds of employees are unaware of the mental health benefits available to them. Employers must make a consistent effort to communicate benefits—not just during onboarding, but throughout the year. Mental Health Awareness Month (May) and open enrollment periods are excellent opportunities to highlight these programs, and employee testimonials can help normalize their use.
Key Takeaways
Even the best-designed mental health benefits can fall flat without support from leadership. Surveys show a disconnect; while many employers say they care about mental health, fewer employees believe it. This disconnect becomes clear when managers resist requests for time off for therapy, contact employees during breaks, or fail to support use of PTO.
Managers must be trained not only on compliance with the ADA and FMLA, but also on how to support employees in using the full range of mental health benefits available. They should be aware of workloads and respectful of boundaries. When leadership takes a top-down approach—discussing mental health, promoting benefits usage, and modeling healthy behavior—it sends a clear message that mental well-being is a priority.
Examples of Enhanced Benefits
Employers looking to expand their offerings might consider:
- Onsite or virtual counseling and therapy
- Robust Employee Assistance Programs (EAP)
- Coverage for local mental health providers and telehealth options
- Wellness benefits like gym memberships, pet-friendly policies, positive recognition programs, and career development
- Support for the “sandwich generation” employees, like onsite childcare, flexible hours, and remote work options (to accommodate family caregiver responsibilities)