I wrote a lot last year about the spikes we saw with mental health issues and the related instances of substance abuse, and there was a fair amount published about the increases in both for 2023. But we are seeing that trend continue into 2024, and I am seeing it especially in calls from you all. As May is Mental Health Awareness Month, it seemed like a good time to revisit this issue more formally.
Many of the most highly regarded national associations have posted that 1 in 5 adults in this country are estimated to suffer from mental health challenges each year. However, those same agencies suggest that only HALF of those people actually get treatment for these issues. Indeed, the average delay between the onset of symptoms and treatment is 11 YEARS, according to NAMI, the National Association on Mental Illness.
More notably, a recent study suggests that 73% of Americans have struggled with mental health issues in the past year, and 29% said that that they have struggled with mental health more than usual in 2023. Gen Z and Millennials are more likely to say they have mental health concerns, but it’s hard to know if they are facing more challenges, or if they are more comfortable reporting these struggles and putting a label on them. Just judging by the client calls I receive, these mental health and substance abuse issues are not discriminating between age groups, gender, or national origin.
In many cases, employers face these issues front and center when employee behavior becomes erratic. Attendance suffers. Employees may act out or become irrational at work. When addiction or substance abuse enters the scene, we start to see employee absenteeism spike, but the absences or requests to work from home are blamed on random excuses – pet crises, grandmothers dying, car problems, plumbing issues, ER visits – but usually have no supporting documentation. And addicts are very good at inflicting guilt if you call them out on their behavior.
The response to the situation varies depending on the circumstance. As employers, these situations can become tricky when medical conditions are alleged. Employees can take their state or local allowance of sick leave without a doctor’s note, and we should let them use that time as needed. But once that usage expires, or if the absence is for something other than a medical issue, we should start asking questions, holding employees accountable, and documenting the process.
If the employee appears to be struggling with mental health challenges, keep in mind that most of you have access to Employee Assistance Plans (EAPs) through your health insurance providers, and you should readily offer this benefit to your employees.
Because these situations can often trigger different employer obligations to offer leaves of absence (even to employees who do not qualify for FMLA/CFRA, reach out for help. These are some of the most difficult legal issues to maneuver, so do not try this at home alone!
