Mental Health And The Duty To Accommodate

Employers can face many challenges when dealing with employees who are struggling with a mental health issue. Illness and disability affecting employees can cause staffing/absenteeism challenges and morale problems with other employees. Barriers to managing the return to work process and re-integration into a productive workforce often arise. From a legal perspective, there are obligations under the common law; collective agreements (if applicable), human rights, occupational health and safety, and (potentially) workers' compensation principles should be considered.

Determining when the duty to accommodate mental health issues in the workplace arises – and the threshold for undue hardship – can be particularly difficult.