Supplemental Guidelines on the Implementation of the Mental Health Policy and Program in the Workplace, Labor Advisory No. 19, September 15, 2023 | Disability and Death Benefits | SOCIAL LEGISLATION

On September 15, 2023, the Philippine Department of Labor and Employment (DOLE) issued Labor Advisory No. 19, Series of 2023, providing supplemental guidelines for implementing Mental Health Policies and Programs in the workplace. This advisory builds upon DOLE Department Order No. 208, Series of 2020, and aligns with Republic Act No. 11036, known as the Mental Health Act.

Key Provisions of Labor Advisory No. 19-2023:

  1. Access to Mental Health Services:

    • Employers are mandated to ensure that employees have effective access to mental health and self-care services. This includes utilizing resources such as the Department of Health's (DOH) Lusog-Isip mobile application, which offers mental health support and information.
  2. Referral to Health Facilities:

    • Employees requiring mental health services should be referred to appropriate facilities, including DOH-retained hospitals and rural health units, for consultation, screening, diagnosis, medication, treatment, and psychosocial support.
  3. Work Accommodations and Arrangements:

    • Employers are encouraged to provide reasonable accommodations for employees needing medical attention due to mental health conditions. These accommodations may include:
      • Paid leave benefits in addition to existing leave entitlements under company policy, collective bargaining agreements, the Labor Code, and special laws.
      • Flexible work arrangements, such as rescheduling work hours or adopting telecommuting practices.
      • Other supportive benefits as deemed appropriate.
  4. Confidentiality and Data Privacy:

    • Employers must uphold the confidentiality of all information and medical records related to employees with mental health conditions. This is in compliance with Republic Act No. 10173, or the Data Privacy Act of 2012, to prevent unauthorized access, alteration, disclosure, or any unlawful processing of sensitive information.
  5. Reporting Requirements:

    • An Annual Medical Report Form must be submitted to the DOLE, detailing:
      • The number of mental health cases handled or referred to service providers.
      • Activities and programs implemented to promote mental health within the workplace.

Context and Legal Framework:

The issuance of Labor Advisory No. 19-2023 reinforces the Philippine government's commitment to mental health, as established by the Mental Health Act (Republic Act No. 11036) enacted in 2018. This Act emphasizes the promotion of mental health, the protection of rights for individuals with mental health conditions, and the integration of mental health services into the nation's healthcare system.

In 2020, DOLE released Department Order No. 208, which provided initial guidelines for implementing mental health policies and programs in the private sector. Labor Advisory No. 19-2023 serves to supplement these guidelines, ensuring that employers adopt comprehensive mental health policies that include:

  • Advocacy, information dissemination, education, and training on mental health.
  • Mechanisms for work accommodation and reintegration of employees with mental health conditions.
  • Assurance of confidentiality for all information related to employees' mental health conditions.
  • Support mechanisms facilitating access to counseling and other mental health services.

Implications for Employers and Employees:

Employers are required to develop and implement mental health policies and programs tailored to their specific workplace environments. This includes providing access to mental health services, ensuring confidentiality, and accommodating employees' mental health needs through flexible work arrangements and additional leave benefits.

Employees, on the other hand, are encouraged to utilize the mental health resources and support systems made available by their employers. They should also be aware of their rights concerning confidentiality and the accommodations they are entitled to under the law.

In summary, Labor Advisory No. 19-2023 underscores the importance of mental health in the workplace and delineates the responsibilities of employers in fostering a supportive and inclusive environment for employees with mental health needs.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.