g. Mental Health (RA 11036, Secs. 25 and 35)

Mental Health (RA 11036, Secs. 25 and 35)

Concept

The Mental Health Act addresses mental health in the workplace through duties assigned to employers and to the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC). Its workplace provisions focus on appropriate programs, support for people with mental health conditions, and the correction of stigma and discrimination. (Sec. 25, Rep. Act No. 11036)¹ (Sec. 35, Rep. Act No. 11036)²

Governing provisions

Section 25 directs employers to develop appropriate policies and programs on mental health issues. It also directs them to correct the stigma and discrimination associated with mental conditions and to identify and provide support for individuals with mental health conditions in accessing treatment and psychosocial support. (Sec. 25, Rep. Act No. 11036)¹

Section 35 assigns DOLE and the CSC the development of guidelines and standards for appropriate, evidence-based workplace mental health programs. They must also develop policies that promote workplace mental health and address stigma and discrimination suffered by people with mental health conditions. (Sec. 35, Rep. Act No. 11036)²

Requisites / Rules

• Employer policies and programs. An employer must develop appropriate policies and programs dealing with mental health issues; Section 25 does not treat workplace mental health solely as an individual employee concern. (Sec. 25, Rep. Act No. 11036)¹
• Stigma and discrimination. The employer’s duty expressly includes correcting stigma and discrimination associated with mental conditions. DOLE and the CSC have a corresponding policy-development task addressing stigma and discrimination in the workplace. (Sec. 25, Rep. Act No. 11036)¹ (Sec. 35, Rep. Act No. 11036)²
• Support. Employers must identify and provide support for individuals with mental health conditions to treatment and psychosocial support. This duty appears alongside, not in place of, the duty to develop policies and programs. (Sec. 25, Rep. Act No. 11036)¹

Distinctions

Keep the actors and their tasks separate. Section 25 addresses what employers must do within the workplace. Section 35 addresses what DOLE and the CSC must develop: program guidelines and standards, and policies promoting mental health and addressing stigma and discrimination. Neither provision should be recast as the other actor’s duty. (Sec. 25, Rep. Act No. 11036)¹ (Sec. 35, Rep. Act No. 11036)²

Key doctrines

The workplace duties fit the Act’s stated objective of integrating strategies that promote mental health in educational institutions, workplaces, and communities. The Act also recognizes participation at work free from stigmatization and discrimination as part of its policy concerning persons affected by mental health conditions. (Sec. 3, Rep. Act No. 11036)³ (Sec. 2, Rep. Act No. 11036)⁴

Bar tip

For a question on workplace mental health, organize the answer by actor: employer under Section 25; DOLE and CSC under Section 35. Then identify the shared concern with stigma and discrimination without overlooking the employer’s support duty. (Sec. 25, Rep. Act No. 11036)¹ (Sec. 35, Rep. Act No. 11036)²