The hidden costs of remote work

With the rise of remote work, the mental health of employees has become a critical issue for employers to address. The shift to working from home can bring about feelings of isolation, increased stress, and blurred boundaries between work and personal life.

This guide delves into the significance of robust mental health policies in remote work settings, recent legal precedents, and best practices for fostering a supportive and compliant work environment.

Remote work has transformed the traditional office environment, bringing both opportunities and challenges. Among these challenges, mental health concerns have emerged as a significant issue.

Employee wellbeing: The isolation and lack of physical interaction inherent in remote work can exacerbate feelings of loneliness and anxiety. Effective mental health policies can provide the necessary support and resources to help employees navigate these challenges.

Productivity: Employees who feel mentally supported are more likely to maintain high levels of productivity. Conversely, untreated mental health issues can lead to decreased performance and increased absenteeism.

Retention: Companies that prioritize mental health are more likely to retain their employees. Workers are increasingly seeking employers who demonstrate a commitment to their overall well-being.

Before 2020, remote hiring was uncommon. The COVID-19 pandemic forced HR teams to adapt quickly to border closures and office shutdowns, making remote hiring a key part of most organizations' talent strategies. HR tech platforms like Remote have become essential in managing this shift. Learn more about Remote and its features in this review.

Human rights and legal obligations of employers

A notable case that highlights the importance of mental health accommodations is the 2021 decision in Shannon v. Canada Post Corporation. An employee suffering from severe anxiety and depression requested flexible work arrangements and remote working options. Initially, the employer denied these requests, citing operational challenges.

However, the arbitrator ruled in favour of the employee, emphasizing that the employer had not provided sufficient evidence of undue hardship and had not adequately explored possible accommodations.

This case underscores the necessity for employers to thoroughly assess accommodation requests and to seek medical documentation to support these assessments. Employers must also engage in an interactive process with the employee to identify potential accommodations that could meet both the employee's needs and the operational requirements of the business.

Under the Ontario Human Rights Code, for example, employers must accommodate the needs of people with disabilities, including mental health disabilities, to ensure equal opportunities and access. The Supreme Court of Canada held that employers must accommodate employees to enable them to work, provided it doesn't cause undue hardship, and both the process of assessing accommodations and the accommodations themselves are crucial, with failure in either aspect constituting a breach of the duty to accommodate.

Recent arbitral and human rights tribunal decisions in Ontario went even further to indicate that, in some cases, the employers may have a "duty to inquire" about a potential disability, even if the employee hasn't directly requested accommodation.

To effectively address mental health in a remote work environment, employers should consider the following best practices:

• Develop clear policies: Establish and communicate clear mental health policies that outline the company’s commitment to supporting employees with mental health issues.
• Training and awareness: Provide training for managers and staff to recognize signs of mental health issues and understand the legal requirements for accommodation.
• Access to resources: Ensure employees have access to mental health resources, such as counselling services, employee assistance programs, and mental health days.
• Create a supportive environment: Foster an inclusive and supportive work culture where employees feel comfortable discussing their mental health needs without fear of stigma or discrimination.

Mental health policies in remote workplaces

Regular check-ins: Managers should conduct regular check-ins with remote employees to discuss workload, mental health, and overall wellbeing. These check-ins can be informal and provide an opportunity for employees to voice any concerns.

Flexible work schedules: Offering flexible work hours can help employees manage their work-life balance more effectively, reducing stress and improving mental health.

Virtual social interactions: Encourage virtual social interactions and team-building activities to foster a sense of community and reduce feelings of isolation among remote workers.

Mental health training: Provide training for all employees on mental health awareness, including how to recognize signs of mental health issues and how to seek help.

Anonymous support channels: Establish anonymous channels where employees can seek support or counseling without fear of stigma or repercussions.

Seek legal advice: For more tailored advice on mental health policies, consulting with an employment lawyer can provide valuable insights and ensure compliance with all legal requirements.

The mental health of employees in remote work settings is a complex issue that requires careful consideration and proactive measures from employers. By adopting best practices and staying informed about legal developments, employers can create a supportive and compliant work environment that benefits both employees and the organization.

Integrating comprehensive mental health policies within your remote work strategy is essential for fostering a thriving and productive workforce.

Christopher Stienburg is a litigator at Roberts & Obradovic Law Firm (robertsobradovic.com), specializing in employment law with a focus on workplace accommodations and mental health.