SA FEDERATION FOR MENTAL HEALTH REASONABLE ACCOMMODATION What is reasonable accommodation? •
A reasonable accommodation refers to actions an employer would be required to make so that the person with a disability can fulfill the essential functions of the job. However, employers may be exempted from this, should these accommodations cause ‘undue hardship’ to the business. •
Reasonable accommodation may include modifying work schedules, making physical changes to the worksite or equipment, adjusting supervisory methods, modifying a workplace policy, restructuring a job, providing a job coach, and/or reassigning an employee to a vacant position for which (s)he is qualified. Reasonable accommodation does not require lowering performance standards or removing essential functions of the individual's job •
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Reasonable accommodation is a way of helping your employees work more effectively by overcoming limitations caused by disabilities •
Usually, accommodations are easy to implement, inexpensive, and demonstrate a commitment to a healthier, more equitable workplace Many people with disabilities, psychiatric or otherwise, won’t have functional limitations and so won’t need accommodation. •
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Sometimes a short period of accommodation is all that’s required (for example, setting a flexible schedule for an employee returning to work after an illness). •
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Employees with mental health problems may not have functional limitations, but may find that accommodation helps them to work more productively, and with fewer health and disability costs Important – remember that everyone experiencing mental illness is different and it is difficult to employ a one-‐
size-‐fits-‐all approach An individual touch is recommended •
People skills are essential! •
Consult the person on what they feel reasonable accommodative measures could be – in most cases they’ll know how best to do this •
Reasonable accommodation and the law •
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The Employment Equity Act of 1998 attempts to protect the rights of people with disabilities and makes provision for the employment of persons with disabilities A draft Code Of Good Practice on key issues of Disability in the workplace has been issued under this Act It outlines the rights that people with disabilities enjoy to ensure equal opportunities in employment, and provides employers with good practice guidelines. This guide employers and employees on key aspects of promoting equal opportunities and fair treatment for people with disabilities as required by the Act and help employers and employees: • Understand their rights and obligations • Promote certainty / reduce disputes to ensure that people with disabilities can enjoy and exercise their rights at work. •
Persons with disabilities also have their right enshrined in the: • SA Constitution – Chapter 2, Bill of Rights • UK Convention on Rights of Persons with Disabilities -‐ Article 5 & Article 27 Why accommodate persons with mental illness in the workplace? •
Making a few minor adjustments to try accommodating someone with mental illness is likely to be less costly than the cost / time spent on recruitment and training of new staff. Research has shown that good working conditions is beneficial for mental health, personal wellbeing and that, for persons with a mental illness, work can in fact aid their recovery •
The reality is however that stigma and discrimination, and a lack of understanding of supportive measures, means that large numbers of persons with mental illness are either unemployed or are at risk of losing their jobs. •
Anyone who wishes to work should be able to do so through making work more accessible. Employers who attach value to inclusiveness and a wider social responsibility will try ensure that their policies and procedures ensure maximum opportunities for persons with mental illness to remain in, or return to work. •
From a business perspective, the proactive management of mental and physical health in the workplace can have a range of benefits: • Reduced sickness absence • Greater staff engagement and productivity • Reduced staff turnover • Reduced recruitment costs Because most adults spend most of their waking hours at work addressing issues of mental health at work is vitally important. In the world today, with mental illness as prevalent as it is, employers are likely to be faced with this in the workplace. The workplace can be a strong contributor to mental wellbeing, giving people the opportunity to feel productive and achieve their potential. It provides: • Time structure • Social contact and affiliation • Collective effort and purpose • Social and personal identity • Regular activity Yet it can also be a stressful environment that contributes to the rise of mental health problems and illnesses for example depression. •
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It is crucial that employers play a role in supporting individuals with mental illness with: • Job retention • Return to work measures Simple, cost effective workplace adjustments can often make a great difference, it enables persons with mental illness to retain jobs and maintain healthy, productive lives. Unlike reasonable accommodations for other disabilities (ramps or changes to the physical environment) this could involve changes in work practice or workload. What is a workplace adjustment? •
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A change or adjustment unique to a person’s needs that will enable them to do their job more effectively. A reasonable adjustment in the workplace or to work practices that is effective for the employee without being too disruptive, costly or impractical for the employer. Employers should consider the mental health of ALL their employees. Ensure that individuals who are affected by a mental health condition or unhealthy levels of stress receive the support they require. How to do it •
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Place the individual at the centre of the discussion about accommodation. This is essential in terms of devising and agreeing on workplace adjustments, this will help the employer understand the needs of the individual. Using the advice or guidance of professionals such as GP’s, Occupational Therapists, Psychologists etc can also be very helpful. Examples of reasonable accommodation measures that have proven to be effective •
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Working hours / patterns •
Flexible approach to start / finish times and / or shift patterns •
Allow use of paid or unpaid leave for medical appointments •
Phase the return to work, for example offering temporary part time hours to allow a gradual re-‐
integration into the workplace •
Equal amount of break time, but in shorter, more frequent chunks •
Allow employees to arrange annual leave so that it is equally spaced regularly throughout the year •
Allow the possibility to work from home, if appropriate •
Temporary reallocation of certain tasks •
Being flexible and creative is important when considering solutions Physical environment •
Minimise noise if this is a factor – provide private office / room dividers / partitions, reduce pitch or volume of telephone ringing tones •
Provide quiet space for breaks away from main workspace •
Offer a reserved parking space •
Allow for increased working space •
Move workstation to ensure, for example, that someone does not have their back to the door Support with workload •
Increase frequency of supervision •
Support with prioritising workload •
Allow the individual to focus on a specific piece of work •
Consider job sharing •
Support from others •
Provide a job coach •
Provide a “buddy” or mentor •
Provide effective mediation if there are conflicts / difficulties with co-‐workers •
Do not allow / tolerate rumours or comments about the effected person Practical examples Challenge 1 – Screening out environmental stimuli •
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What does this mean? • Trouble blocking out sounds, sights, odours which interferes with focus • Example – employee may not be able to work near a noisy printer or high traffic area Possible solutions: •
Remove items that are affecting person •
Allow person to wear headphones playing soft music •
Install high partitions around desk Challenge 2 – sustaining concentration • What does this mean? • Restlessness • Shortened attention span • Easily distracted • Trouble remembering verbal instructions • Example – employee may have trouble focusing on one task for extended periods • Possible solutions: • Break large projects into smaller tasks • Allow brief but more frequent breaks • Walk around • Get fresh air • Assign tasks one at a time Challenge 3 – Maintaining stamina • What does this mean? • Having energy to work a full day • Combatting drowsiness due to medication • Example – employee may not be able to work a full 8-‐hour day • Possible solutions: • Part time hours • Rest breaks in the middle of the day • Job sharing Challenge 4 – Responding to change • What does this mean? • Coping with unexpected changes at work (rules, job duties, supervisors or co-‐workers) • Example – employee may take longer to learn new routines or feel stressed when new supervisors or co-‐
workers start work • Possible solutions: • Prepare employee for changes what will be happening •
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Explain new rules / duties Make special effort to introduce new staff Orientate new supervisor on employee’s needs Challenge 5 – Handling time pressures and multiple tasks • What does this mean? • Managing assignments • Meeting deadlines • Prioritise tasks • Example – employee may not know how to decide which tasks to do first, or be able to complete them according to deadlines • Possible solutions: • Break larger projects into smaller chunks • Regular meetings to help with prioritisation • Assist with time estimations Challenge 6 – Interaction with others • What does this mean? • Getting along • Fitting in • Talking with co-‐workers • Reading social cues • Example – employee may not talk with co-‐workers or may have difficulty reading subtle social cues in workplace • Possible solutions: • Establish a mentor or co-‐worker “buddy” to introduce the employee to others or show them the ropes Challenge 7 – Responding to negative feedback • What does this mean? • Understanding and interpreting criticism • Knowing how to improve • Initiating changes because of low self-‐esteem • Example – employee may not seem to understand the feedback given or becomes upset • Possible solutions: • Arrange meeting with job coach and employee to facilitate feedback • Use feedback loop (ask employee’s perspective on performance, strengths and weaknesses, suggestions for improvement) • Provide opportunity to read written feedback privately and then discuss. Important things to remember •
Accommodation must respect the dignity of the individual. •
Process used to request accommodation, and the accommodation itself, must not further stigmatize or prejudice the individual. •
For example, a person with a mental health problem who requires a quiet space for breaks during the day should be allowed to do so in an acceptable space. •
Information about an accommodation should be kept confidential. •
Individual should feel confident that their request for accommodation will be greeted with respect, not derision. •
Accommodation must be consistent with the overall goals of integration, rather than segregation (except if requested by the individual. •
Since discrimination includes workplace harassment and prejudice towards people with mental illness, accommodation may include further measures such as additional workplace education. •
Statement that harassment will not be tolerated and ensuring all employees are aware that they can report inappropriate comments /attitudes / actions. Good practice for applying workplace adjustments •
Have an open, honest and practical conversation with affected individual about how their mental health impacts their work and what adjustments could reasonably / realistically be considered. Ask the person what they need – they are often the best experts in terms of managing their condition. •
Focus on what the person CAN do, not what they CAN’T do. •
Tailor adjustments to the specific needs and abilities of the individual – be creative! •
Be flexible – some mental health problems can be episodic / periodic. You could agree adjustments that can be implemented as and when required and revoked when not. Agree the adjustments which are appropriate for the organisation and for the individual. Be realistic about what you can offer. Regularly review adjustments to ensure that they remain effective and appropriate. With the permission of the individual, inform other team members about adjustment to alleviate perceptions of favouritism. Always take advice when you’re not sure what to do! •
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Creating a supportive environment •
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Workplace adjustments should occur in an environment that is: • Supportive • Compassionate • Understanding Taking steps to create a psychologically healthy workplace can help mitigate potential negative impact of work and stress on all employees’ mental health. Create awareness of mental health conditions amongst staff, in particular line management, through training, communication and education. Can reduce harmful attitudes, stigma and discrimination that may undermine adjustments you put in place. Communicating your policies and outlining what support will be available should someone ask for help may encourage employees to disclose then they are in need of support. Effective line manager support can help prevent or alleviate stress amongst employees. •
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Stigma prevents many employers from wanting to understand how to effectively deal with mental illness in the workplace. Affected individuals could become isolated by their co-‐workers, and cause those living with mental illnesses to hide their condition. Breaking the silence around mental illness is an essential step we have to take as a country!