Depression accomodations?

AnnGee

We have an employee who is out because he is depressed. He has been taking medications and indicated it keeps him from sleeping, eating, etc. Since he has not been seeking mental help with his depression, do we have any obligation to keep him employed? At one point several months ago, he brought in a doctors excuse stating he had been absent due to depression. It did not indicate major depression, but we know this has been going on for some time. We are too small to fall under FLMA. We do not offer EPA. We don't want to turn our back on an employee, but can we insist he seek mental health if he wants to keep his position? Thanks for any help.

jitrbug

How is this affecting his performance? Is his behavior appropriate when he is at work? Is his attendance issue in conflict with your attendance policy/practice? I'd start addressing it there. Deal only with what is occurring at work. Stay away from the fact that HE is not seeking help to base your decision on making him get help. Better for you to stick to the facts and let him know how his performance/behavior/attendance is and let HIM make the decision that he needs to seek the help which in turn might help out the expectations of his performance/behavior. You start diagnosing to him that his problems at work are caused by his condition instead of him making that decision you could be skating on very thin ice. You did not mention if any of these doctor's notes are suggesting accommodations which could be covered under ADA and if so, have you made any accoms to him?

Paul in Cannon Beach

Just to be clear, are his absences related to him being "depressed" or the effects of the medication he is taking, ie. not eating or sleeping?

AnnGee

One time it appears he is just depressed, but the next time he calls in it is because he hasn't slept for 2 days. We have since heard from him, and he is seeking in patient mental health treatment with his doctor. Thanks for your answers, it looks like he will take the reins and work on a solution. Thanks.

Paul in Cannon Beach

Anne, A close relative of mine is dealing with a difficult depression right now. I think this issue hits home with alot of people.

I hope things continue to improve.

Whatever

Do you have a policy for people who are disabled? If so, follow it. If he is entitled to STD benefits send him the paperwork.

AnnGee

Thank you for the reminder. He does have short term and long term disability benefits. I will get him the information.

SMace

Did you term him? If you haven't, just remember you have set a precedent for what all future situations will be judged. It's OK, just be consistent in the future.

I was going to express that the poster was not looking for a pat on the back and a hand-hold, she was looking for an answer to an employment question. But I read the replies carefully and I guess I'm wrong.

AnnGee

We did not terminate his employment. In fact we didn't want to do that, but just wondered if we could insist he seek mental health. Since he has decided to do that on his own, my original question was answered. Thank you.