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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Mental Health refers to a state of well-being in which the individual realizes one’s own abilities and potentials, scopes adequately with the normal stresses of life, displays resilience in the face of extreme life events, works productively and fruitfully, and is able to make a positive contribution to the community. (Section 4 (j) of the Mental Health Act)
In 2023, the Department of Labor and Employment released the supplemental guidelines on the implementation of the mental health policy and program in the workplace.
Pursuant to the said guidelines, employers and their employees shall have a shared responsibility to ensure the effective implementation of a mental health policy and program in the workplace.
Employers shall ensure that employees are provided with effective access to mental health and self-care services, such as those provided under the Lusog-Isip application which can be accessed through https://selfhelp.cbdr.org.ph/ and https://lusog-isip.doh.gov.ph/.
Employers shall refer employees requiring mental health services to the different facilities of the DOH-retained hospitals or the rural health units for consultation, screening, diagnosis, medication, treatment, and provision of psychosocial support.
Employees requiring further examination relative to their mental health needs may access healthcare services and facilities, such as those provided by the PhilHealth Konsulta Package using the forms.
Employees requiring immediate mental health services may access the National Mental Health Crisis hotline through the following numbers:
|
Luzonwide landline toll-free |
1553 |
|
Globe/TM Subscribers |
0966 351 4518 0917 899 8727 0917 899 USAP |
|
SMART/SUN/TNT Subscribers |
0908 639 2672 |
Employers are likewise encouraged to provide the following work accommodations and arrangements for employees who may need further medical attention due to their disease:
- Paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;
- Flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and
- Other benefits.
Medical records of concerned employees shall be handled in accordance with the Data Privacy Act of 2012 to prevent unauthorized access, accidental or unlawful destruction, alteration, disclosure, and other unlawful processing.
Employers shall submit to the DOLE Regional/Provincial/Field office, which has jurisdiction over the workplace, the Annual Medical Report (AMR) Form indicating the number of cases handled or referred to providers, if any, and the activities and programs to promote mental health in the workplace.
Related Articles:
- Policy Against Discrimination on Account of Mental Health Condition
- Rights of Mental Health Professionals under the Mental Health Act
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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