Mental Health Matters Advocating for “Mental Health” Leave Policies in Indian Corporates

Kritika Kotnis | November 2024

Mental health issues, encompassing anxiety, depression, and stress-related disorders, are increasingly prevalent among employees in Indian corporates. This rise can be attributed to high-pressure work environments, excessive working hours, the glorification of overwork, toxic behaviors normalized by seniors and colleagues, unrealistic performance targets set by management, and a significant lack of appreciation for employees’ accomplishments. Recent tragic incidents of suicides among young professionals have brought the critical issue of employee mental health back into the spotlight, urging organizations to take meaningful action.

Despite growing awareness, many companies still lack formal policies that prioritize the mental well-being of their employees. While some organizations are beginning to recognize the importance of mental health, a substantial number remain in the dark, failing to implement structures that can truly support their workforce.

THE CASE FOR MENTAL HEALTH LEAVE

Among various strategies to support mental health, implementing “Mental Health Leave” stands out as an effective measure. This initiative empowers employees to prioritize their mental well-being without the fear of stigma or job loss. By providing dedicated time off for mental health, companies signal their understanding of its critical role in overall productivity and employee satisfaction.

Such policies can help cultivate a culture of empathy and support within the workplace, encouraging employees to seek help when needed. The positive ripple effects of integrating mental health leave into corporate policies include improved morale, reduced absenteeism, enhanced loyalty, and a proactive stance against work-related stress that can lead to tragic outcomes.

LEGAL FRAMEWORK GOVERNING EMPLOYEE RIGHTS

While most Indian workplaces traditionally provide sick leave primarily for physical ailments, mental health issues often remain overlooked. Although there is no specific legal mandate for mental health leave in Indian corporate law, several existing regulations touch upon related areas, highlighting the need for clearer guidelines:

Industrial Disputes Act, 1947: This Act addresses employment disputes, including provisions for sick leave. However, it does not explicitly recognize mental health leave, thus creating a gap in acknowledging mental health as a valid reason for absence from workplace.
Employees’ State Insurance Act, 1948: While this Act offers benefits for employees facing health issues, it primarily focuses on physical ailments. Mental health conditions can be included under this Act if it necessitates medical attention. However, some mental issues like high stress levels, anxiety and primitive depression are curable by a non-drug approach, by opting for natural treatments, home remedies and without warranting attendance by a medical practitioner. Therefore, the definition of “sickness” does not always encompass all mental health conditions, under this Act.
Mental Health Care Act, 2017: This landmark legislation marks a significant step in recognizing mental health as essential to overall health care. However, it lacks specific provisions for workplace mental health leave policies.
Rights of Persons with Disabilities Act, 2016: This law recognizes mental illnesses as disabilities, providing certain protections in the workplace. Yet, it falls short of detailing leave entitlements for mental health reasons.

THE URGENT NEED FOR FORMAL POLICIES

Despite existing legal frameworks, there is a compelling need for formalized mental health leave policies in Indian corporates. The absence of explicit provisions leads to inconsistencies in how companies approach mental health issues, often leaving employees uncertain about their rights.

Organizations should engage more frequently in “Work Life Balance” activities. These can primarily include work enhancing study programs, employee children education sponsorships for deserved ones, compulsory implementation of mind relaxing programs, Friend’s Desk for employees, goal developmental programs, relaxing infrastructure ambience, and so on and so forth. Organizations should give importance to employee satisfaction quotients as a bar for corporate governance. Organizations must realize that success is not about more than hundred percent contribution to work by employees, but is about fullest happiness of employees while contributing to work which only can lead to operational and execution excellence.

Benefits of Implementing Mental Health Leave Policies

Clarity and Protection: Formal policies would provide clear guidelines for employees and employers regarding mental health leave processes, reducing stigma and encouraging help-seeking behavior.
Improved Workplace Culture: Recognizing mental health leave as legitimate can foster a supportive and inclusive environment, enhancing employee morale and productivity.
Legal Compliance: Clear policies help companies align with broader labour laws and regulations concerning employee welfare.
Increased Productivity: Employees who can take mental health leave are likely to return with improved focus and productivity, directly benefiting the organization.
Reduced Absenteeism: Addressing mental health needs proactively can lead to lower absenteeism rates, creating a healthier work atmosphere.
Enhanced Employee Retention: Organizations that prioritize mental health often enjoy higher employee satisfaction and loyalty, crucial in a competitive job market.
Positive Organizational Culture: Implementing mental health leave fosters openness, helping to dismantle the stigma surrounding mental health issues and encouraging employees to seek support.

CONCLUSION

The dialogue surrounding mental health is gaining traction, pressing Indian corporates to reassess and adapt their practices. The urgent need for formal mental health leave policies cannot be overstated, as such measures not only protect employees’ rights but also contribute to a healthier, more productive work environment. By taking proactive steps to implement these policies, Indian corporates can enhance their workforce’s overall well-being and demonstrate a commitment to employee care. This initiative signals a vital cultural shift towards a comprehensive understanding of mental health in the workplace, essential for building resilient organizations capable of thriving in today’s demanding corporate landscape. I finally conclude with this famous quote-

Never get so busy making a living that you forget to make a life.

Dolly Parton

Singer

About Author

Kritika Kotnis

Kritika Kotnis is a Commercial Lawyer with extensive expertise in international law. Holding an LLM degree in Commercial and Corporate Law from the Queen Mary University of London, Kritika has solidified her knowledge of commercial regulations prevailing across the EU, UK, US, and India. With certifications from CPDUK, Kritika brings a wealth of experience from her work in law firms, legal & compliance teams, and legal clinics specializing in commercial law. Currently serving as a Legal Counsel at Wockhardt Limited, she primarily focuses on Intellectual Property matters, while previously, she has also managed the contentious as well as non-contentious matters of the company.