What the employer does when an employee explains their mental health is impacting their performance depends on why the employee is raising this issue with the employer, says employment law attorney Christine Gantt-Sorenson, who also writes for Haynsworth Sinkler Boyd, P.A.’s blog.

Although an employer is entitled to address performance issues with any employee regardless of any condition the employee has, an employer must consider how an employee’s condition impacts performance when the issue is raised.

Typically if this conversation arises, the employee is requesting grace from expectations or, in other words, an accommodation of some sort under the Americans with Disabilities Act (ADA). The accommodation can be for leave which would be a legally protected right under both the Family Medical Leave Act for qualifying employers and the ADA, or a job modification.

If the employee needs leave for treatment and is eligible for FMLA leave, the employer should provide the employee with the requisite forms for completion by the employee’s medical provider. If the employee is instead seeking job modification or the employee is not eligible for FMLA but desires leave for treatment, the employer should ask the employee to have their treatment provider verify that the employee is being treated for a condition, review a copy of the employee’s job restriction and advise on any limitations the employee may have.

The employer then may review those restrictions or limitations to determine whether the employee is able to perform the essential functions of the job with or without accommodations. If an employee would be able to do so, then the employer must grant the accommodation request absent undue hardship to the employer.

Because you are not a mental health provider or “expert,” but you have now been put “on notice” of a potential ADA issue, it is best to talk with the employee and explain the necessity of having them obtain a letter from their mental health professional.

The document should clearly state if they have any disabilities that may hinder their job performance, as well as list recommended accommodations. And since some job titles do not adequately explain all job requirements, it’s wise to provide a copy of the employee’s job description for the mental health professional.

Since the employee has stated they have a mental health disability, this has opened the door to further discussions with the employee, says HR Manager Beth Calitri.

You can now ask them if they are under a doctor’s care and if so, do they permit you to speak with the treating physician? Or provide them with paperwork for the doctor to complete, outlining the mental health disabilities affecting the employee’s performance. All the information that is obtained is confidential, so make sure that you obtain the employee’s signature on any requests.

If an employee at our company cites mental health in response to a performance issue, an immediate offering of reasonable accommodation assessment is offered, says Corporate Director of HR Jenny Lacy.

EAP services are available, and information and assistance to the mental health portion of our medical insurance are provided. While the company will do all possible to assist the employee, the company still must fully function. Goals will be assessed and achieved with the employer and employees working as a team.