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Support your employer is legally required to provide   

Your employer – and your manager – are legally required to support mental health in the workplace, and support people who are experiencing mental ill health. We describe below some of the specific responsibilities they have to support your mental health, your psychological safety, and your privacy. All these requirements apply

• before and when you become unwell
• while you are on leave
• when preparing for and planning your return to work, and
• when implementing your return to work,

Occupational Health and Safety legislation specifies that your employer needs to ensure that your workplace is a safe and healthy environment for everyone, and does not negatively impact people’s physical or mental health by causing ill-health or by aggravating existing health conditions. Under the Tasmanian Model Code of Practice for Managing Psychosocial Hazards in the Workplace, your employer is also responsible for proactively managing hazards that arise from, or in relation to: 

• The design or management of work 
• The working environment 
• Plant (equipment) at a workplace, or,  
• Workplace interactions or behaviours 

and may cause psychological harm. We talk more about managing safety risks and hazards in Topic 4. 

You can find out more about occupational/workplace health and safety regulations here:

New WHS Regulations 2022

Disability discrimination legislation (such as the Commonwealth Disability Discrimination Act 1992) specifies that your employer must ensure that, as someone who is experiencing mental illness – or has experienced it in the past - .  

1. You are not harassed or treated in ways that are “reasonably likely to humiliate, offend, intimidate or distress the person”. This could include demeaning comments, physical or verbal threats, or any other actions intended to humiliate you. It’s important to note that such behaviour could be harassment even if it only occurs once – it does not have to be repeated or ongoing.   
2. You are not discriminated against either directly or indirectly.
   
   Direct discrimination occurs when someone is treated less favourably - or given less access to opportunities or support - than other people because of their health situation. This could include, for example, refusing to employ someone, or ending someone’s employment, because they have, or have previously, had a mental health issue.
   
   Indirect discrimination occurs when it is assumed that everyone has the same access to opportunities or capacity to do things, which may not be the case for people experiencing mental ill-health. For example, a shift commencement time of 7am might indirectly discriminate against someone who is taking medication for their mental ill health which makes them groggy and less alert at that time of the morning. Indirect discrimination often results from people being unaware of how a particular policy or practice might influence someone experiencing mental ill-health. 
3. You are provided with reasonable adjustments (also known as providing reasonable accommodations) in the workplace. This might include providing someone who is required to work an 8-hour shift with extra break times when required. Or allowing someone who is experiencing anxiety to work part time if this has been requested as an accommodation to support their management, treatment or recovery. We talk more about reasonable adjustments in Topic 4.
4. You are not victimised for asserting any rights for yourself or for someone else. This means that your manager is responsible for ensuring people are not treated unfavourably, or threatened with unfair treatment, for asserting those rights. It also means your manager is protected by this legislation if they are asserting rights for you.  

You can find more information about disability discrimination here:

Disability discrimination - Tasmania Legal Aid

Privacy legislation (such as the Commonwealth Privacy Act 1988 (Cth) specifies that your employer, or anyone working in your workplace, cannot provide or disclose information about your mental health to anyone else unless you have consented. This includes, for example, telling anyone else that you have a particular mental health issue, how that is affecting you, or that you are receiving treatment for that.

Generally speaking, if you provided that information for a specific purpose – such as to have reasonable adjustments made to your work arrangements – then that is the context in which your manager or employer can use it. But there are exceptions, such as  

• when they need to use that information to prevent or lessen a threat to your life or health, or that of someone else, or  
• when the information is legally required or authorised

You can find more information about legal requirements related to privacy protection and protection of personal information here:

Ombudsman Tasmania

Workers compensation: Your employer also has specific responsibilities and processes to follow if you have made a claim for, or are receiving, worker’s compensation related to your depression and/ or anxiety. You can find more information about that here:

What to do with a workers compensation claim

While on leave or unable to work, prioritising your health and recovery is crucial. This might mean having minimal contact with your workplace, especially if workplace stress has contributed to your condition.

Managers might also hesitate to reach out to you during your leave, especially if they are trying not to intrude, they think it might feel like harassment, or they aren't sure what to say.

But having some contact can be helpful. Research has consistently shown that when people have little or no contact from their workplace while they are off work, this can cause them to feel like

• No one cares
• People don’t really believe they are ill,
• People in the workplace are holding it against them that they aren’t at work.

This is especially common in roles or organisations with high workloads or existing staff shortages. As one interviewee expressed,

Having some contact with their workplace while they are off work plays an important role in helping them feel;

• reassured that they have not been forgotten or abandoned
• that they are still part of the team
• that people care about how they are doing, and whether they are ok
• that people know about their situation, and, ideally, also empathise and understand that they are going through a difficult time

In fact, “early, regular and sensitive contact” while people are away from work can actually play a key role in helping them return to work more quickly.

If You Prefer Not to be Contacted 

If you prefer not to have direct contact with your manager or workplace due to your health, consider allowing a trusted person like a partner, friend, or family member to stay in touch on your behalf. If contacting your supervisor feels uncomfortable or unsafe, explore having another trusted individual within the organisation as your point of contact. 

What You May Need to Have Contact with your Supervisor/Organisation About

 Your health situation and leave arrangements

While on sick leave, you need to let your organisation know why you are absent, how long you may be absent for and, if relevant, when you may be able to provide an update about your situation.

If your mental ill-health has been caused or affected by your workplace, and you are submitting (or thinking of submitting) a claim for worker's compensation for psychological injury, then you will also need to contact your organisation to access - and provide - some of the information and documentation that is part of the worker's compensation claim process. You can find more information about those requirements, and what to do, here:

WorkSafe Tasmania | How to make a compensation claim

Worker Assist Tasmania | Resources

You'll also need to work out with your employer (usually by telling your supervisor) how you want the organisation to maintain contact with you while you are on leave, and what other people can (or can't) be told about your situation. So you'll need to discuss the following with your supervisor (or an alternate workplace contact): 

• How you would like them to maintain contact with you (eg with phone calls, by text or via email) while you are on leave. You might also like to discuss options first with your GP or supporting mental health professional to work out what would be most comfortable for you and most supportive of your recovery.

• What you would like people to be told about your absence.
  
  Your supervisor needs your explicit consent to tell anyone in your workplace about why you are on leave. So it’s a good idea to explicitly tell them what you do or do not want people to be told, and if you want them to say anything particular if asked.
  
  For instance, if you do not want people to be told anything at all, you might ask your manager to simply say ‘they are away on leave for personal reasons’ or ‘they are away on sick leave at the moment’.
  
• How you would like your workplace to respond to colleagues who want to send good wishes to you or visit you while you are on leave.  
  
  For example, you might ask them to say ‘they’ve asked if people can just give them some privacy at the moment so they can focus on getting better’. Or you might say that people can contact you at home or on your private contact details while you are away from work.
  
• What help and support you need or want right now, and how the organisation can provide that. 

Making Contact Helpful 

During interactions with your manager or organisation, consider: 

• Establishing clear follow-up plans after each conversation, including who will take responsibility for any actions. 

• Keeping a record of all communication with dates, participants, discussions, and agreements made. This documentation can be valuable for reference or follow-up actions if needed. 

References

Material for this section taken from:

Australian Human Rights Commission. (2010). Workers with mental illness: A practical guide for managers. Australian Human Rights Commission.

Martin, A., Woods, M., & Dawkins, S. (2015). Managing employees with mental health issues: Identification of conceptual and procedural knowledge for development within management education curricula. Academy of Management Learning & Education, 14(1), 50–68.

Martin, A., Woods, M., & Dawkins, S. (2018). How managers experience situations involving employee mental ill-health. International Journal of Workplace Health Management, 11(6), 422–463.