Disclosing mental health information

As a worker, do you need to disclose mental health information to your employer?
During EmploymentDuring Recruitment

Workers do not need to tell their manager or supervisor about a mental health condition if it does not affect how they do their job. However, organisations should have systems in place to make sure workers know the importance of getting medical advice when their mental health may affect their ability to do the requirements of their job or work safely.

Workers should be encouraged to speak to their doctor if they believe the job requirements may worsen their condition and then discuss this medical advice with their manager. If a worker does tell their manager or supervisor details of their mental health condition, they are legally required to keep the information confidential, unless the worker gives written permission for them to share.

Employers, service providers and others must make reasonable adjustments for people with a disability to give them the same opportunities as others. The costs of these reasonable adjustments may be covered by the Employment Assistance Fund.

Having a mental health condition does not often affect a person’s ability to perform the upfront requirements of a job. However, during the recruitment process, applicants may be asked to disclose a known disability or illness, including a mental health condition that might impact on the applicant’s ability to perform essential requirements of the job and to identify if any reasonable adjustments may be needed.

Given the sensitivities around requesting applicants to disclose their health conditions, you should get advice from a workplace relations expert before including this in your recruitment processes.

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