Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.” A link to the recording can be found here, and the presentation can be downloaded here.

To those who attended, thank you. To those who missed it, you still have time to access the recording. Matt and I covered a number of issues under both the FMLA and ADA when it comes to managing an employee dealing with a mental health condition. In particular, we covered:

  • Managing your employee when their mental condition condition is affecting their performance. Here, we outlined how an employer engages in a two-part conversation to address the issue — first, it’s a performance-based conversation, which allows you to highlight expectations and identify where the employee has fallen short of expectations; and second, it’s the interactive process, in which you engage in the employee in a conversation about what you can do as the employer to help the employee perform their job. Through the use of characters such as Steve Carell, Pope Francis and Mr. Rogers himself, we offered you practical insight on how you structure these difficult conversations with your employees.
  • Whether an employer can force an employee on leave of absence when their mental health condition clearly is affecting their job but the employee refuses to accept it.
  • How much additional leave (if any) an employer must provide an employee dealing with a mental health condition when they have exhausted FMLA leave. We analyzed the steps employers should take to obtain information, determine the employee’s ability to return to work and assess the hardship on your operations in deciding whether to grant additional leave or terminate employment.
  • Similarly, how to manage your employee when they are taking unscheduled intermittent leave and it’s affecting your staffing and operations. Here, we provided practical tips to address these situations before they spiral out of control.
  • Finally, we provided guidance on when you should seek a fitness for duty for your employee and other tips on obtaining medical documentation where an employee’s mental health condition is at issue.