Support Access to Mental Health Treatment to Ensure Compliance

By Marjory Robertson, Area Vice President and Senior Counsel, Sun Life; and Abigail O’Connell, Senior Counsel, Sun Life

Workplace mental health has become a bigger focus for employers since the start of the pandemic. While employers are uniquely positioned to offer benefits that support employees’ mental health, they must adhere to employment laws, including the Americans with Disabilities Act (ADA). A growing number of leave and accommodation laws support access to mental health treatment and require employers to accommodate certain mental health conditions.

Access

Employees will typically use employer-provided health insurance to access mental health treatment. And state and federal mental health parity laws require equal coverage under employer-sponsored health insurance for mental health and substance abuse. Health insurance and wellness programs designed with low or no out-of-pocket costs and telehealth options can also reduce barriers to use.

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