As anxiety, depression, PTSD, and other mental health conditions increasingly affect the workplace, HR leaders face a difficult balancing act: supporting employees who are dealing with such mental health challenges while navigating overlapping obligations under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

Here’s a checklist for addressing and managing such situations --

1. Recognizing the request

Most employees struggling with mental health conditions do not walk into HR and ask for “reasonable accommodation."

Instead, they say things like:

• • "I'm struggling with anxiety and need some flexibility."
  • "My medication is affecting my ability to focus."
  • "I need time off to address a mental health issue."

Those conversations can trigger legal obligations even when the employee never mentions the ADA. Front-line managers are often the first to receive these requests, which makes training critical.  Supervisors should recognize a possible accommodation or leave request and promptly involve HR.

2. When FMLA ends, the analysis continues

One of the most common compliance mistakes occurs when employers assume their obligations end once an employee exhausts FMLA leave.

Additional leave may be required as a reasonable accommodation under the ADA if it is likely to enable the employee to return to work and perform the essential functions of the job.  HR should engage in the interactive process and conduct an individualized assessment when FMLA is exhausted, as there may be reasonable accommodations that remain available.

3. Focus on capabilities, not diagnoses

When evaluating mental health-related requests, HR should focus on functional limitations rather than medical labels.

The most productive discussions center on:

• • What essential job functions are affected?
  • How long are the limitations expected to last?
  • What accommodation would allow the employee to perform successfully?
  • Would the accommodation create an undue hardship?

4. Flexibility is often the answer

Many effective accommodations involve modest adjustments rather than significant operational changes.

Depending on the employee’s limitations and essential job functions, examples may include:

• • Modified schedules
  • Flexible start and end times
  • Temporary remote work arrangements
  • Additional breaks
  • Reduced workplace distractions
  • Short-term leave for treatment

The Takeaway

Mental health accommodations have become one of the most challenging and rapidly evolving areas of HR compliance. Organizations that train managers, coordinate ADA and FMLA obligations, and engage in a thoughtful interactive process are significantly better positioned to reduce legal risk and retain valuable employees.

Effective HR leaders consider both applicable legal requirements and the practical path forward for the employee and the organization.

Our Labor & Employment attorneys stand ready to assist your company in navigating these challenges.

*Briana Blair is a Law Clerk and not yet licensed to practice law