September, one of the longest months on the school calendar. With school in full swing, administrators are handling the full range of concerns, from student discipline to staffing. As we approach the colder and darker months of the Midwest fall and winter, data suggests rates of anxiety and depression increase. According to the National Institute of Mental Health, one in five people will experience a mental health condition in their lifetime. This coincides with the increase in calls we have received from administrators asking about accommodation requests for employees under the Americans with Disabilities Act for mental health.
Under the ADA, mental health conditions, such as anxiety and depression, can qualify as disabilities if they substantially limit one or more major life activities. “Substantially limits” is meant to be broadly interpreted. “Major life activities” include tasks such as speaking, thinking, concentrating, learning, and communicating. While not all employees who have mental health conditions will qualify as having a disability or need accommodations, districts should be aware of the necessity to engage in the interactive process with employees who indicate the need for a reasonable accommodation or who report their mental health is impacting their attendance or job performance.
As a quick refresher, the interactive process includes a conversation with the employee about the essential functions of the job and also what accommodations can be granted to assist the employee in completing the job. For mental health conditions, reasonable accommodations can include things such as reduced work hours to attend counseling or therapy, extended leave related to mental health, or more frequent breaks for self-regulation. For more information, the DOL has released a guidance sheet available here. Keep in mind that for situations where an employee may need an extended absence, treatment, or a combination, their leave may also qualify under the FMLA.
If you have any questions regarding the ADA or schools’ responsibilities to engage in the interactive process or would like to purchase KSB’s interactive process packet to assist you in responding to these requests, please reach out to us at ksb@ksbschoollaw.com or call 402-804-8000.
*Quick reminder*: the first of KSB’s Quarterly Webinars of the school year will be presented live tomorrow at 9:00 am central time. The KSB attorneys will bring you up to speed on all issues related to staff and student First Amendment rights. Click here to register if you have not done so already.