Can I be fired because of my Mental Health?
Mental illness is just like any other illness in the workplace and you have the right under the Employment Relations Act for your employer to make “reasonable accommodations”. So what does this mean?. The Mental Health Foundation suggests that the following could be reasonable accommodations:
take flexible sick leave
take time off to attend medical appointments
adjust your work environment to be more private or quiet
limit your workload
work part time
Communication with your employer is key and you don’t need to give them specific details of your illness or trauma. Being honest about how you are doing and what impact your health is having is a good place to start and look at what working together with the employer can achieive in terms of the best outcome for everyone. It is unlawful to be treated differently in employment because of your experience in mental illness- this includes through job advertisements, job interviews, job offers, working and pay, being forced to leave of retire or being fired.
What do I do if I’m sick?
An employer just can not fire you because you have a mental illness. Mental Illness or distress is no different to any other illness and in the work place it needs to be treated the same. As with any illness you will need to see a Doctor, get medical certificates and have a treatment plan in place to manage your condition. Working with your doctor or a person that you feel comfortable talking to come up with a plan. Make it into a simple checklist that is easy to follow if your thoughts get fuzzy. Discuss this plan with your employer. You may like to include some of the following:
what hours you will work
taking time off for medical or counselling appointments
requesting extra sick leave, or using annual leave as sick leave
how to set up your working environment
strategies for when you’re feeling overwhelmed or panicked
how to communicate with your employer about what you need
how to manage your workload – what needs to be done and what can be let go
taking regular short breaks at work
what to say to your workmates about your illness
who you can check in with daily – a supportive person you can call or email.
Can mental illness stop you from getting a job?
The simple answer is no. Mental illness should not be discriminated against but unfortunately sometimes it is. From a legal standpoint, the Human Rights Act (1993) makes it unlawful for an employer or potential employer to negatively discriminate against an employee or job applicant because of their experience of a mental illness. New Zealand's Employment Relations Act 2000 requires that both employers and employees act "in good faith".
Under the Human Rights Act 1993 it is illegal for employers to ask a prospective employee about their history of mental illness for the purpose of negative discrimination. Legally, employers may not ask, and there is no obligation for an employee to tell their future employer. You only have to disclose information about your mental illness if it may impact on the health and safety of yourself or other people. You would also have to tell if it impacts on your ability to do the tasks of the job.
What can we do to help?
Work Opportunities Trust employment specialists can assist with stressful situations during interview processes or at work. We can also help you if you choose to disclose your mental illness to your employer, so that they can have the knowledge and be kept informed about your situation. We also have programmes available throughout the year to help give you the confidence to communicate well and feel more confident. These programmes are:
1 on 1 coaching
Workplace Resilience Training
Mental health in the workplace
Fatigue Management
Healthy Lifestyle
How to advocate for yourself
Stress Reduction
Conflict Resolution
Communication in the workplace
Building Self Esteem
Drug and Alcohol Awareness
Anxiety and Work
Work-Life Balance
Cooking healthy meals on a budget
If you are interested in joining one of our courses or you would like to know more about them go and view our programmes to see when our next one will be.
