The Baker Act is a Florida law that permits the involuntary commitment of a person to a mental health facility if the person is a danger to themselves or others. Although this act focuses on safety and seeking assistance during an emergency, managing the possible employment consequences can be challenging. This blog is about How Does Baker Act Affect Employment.
Understanding the Baker Act
The Baker Act permits a law enforcement officer or a mental health professional to take an individual to a treatment facility for 72 hours if that individual poses a threat to himself or herself or to others because of mental illness.
How Does Baker Act Affect Employment?
Thankfully, the Baker Act itself does not mean you are fired from your job on the spot. State and federal laws such as the Americans with Disabilities Act (ADA) prohibit employers from discriminating against employees with mental health issues. However, there can be indirect consequences:
- Job Absence: A Baker Act hold can result in loss of wages, which can affect performance appraisals or employment if one is away for too long. Here, it is important to have a good relationship with your employer through good communication. Describe the scenario and discuss the possibilities. Such as FMLA (Family and Medical Leave Act), to protect your job.
- Employer Concerns: Your employer may have concerns about your mental health and how it may affect your work or the safety of others in the workplace. In such cases, the best thing to do is to be as transparent as possible. If you have any special requirements, you should inform your Human Resources department so that you can continue to thrive in your job. Just as a reminder, the ADA prohibits your employer from firing you because of your mental health disorder.
- Stigma: However, mental illness can still be discriminated against in some workplaces. If you do not want to share your experience of the Baker Act with co-workers, you have a right to do that.
Creating a Supportive Work Environment
Here are some ways employers can create a work environment that supports both employee mental health and job security:
- Promote Mental Health Awareness: Education and awareness can significantly prevent people from discriminating against mental health and seeking assistance.
- Flexible Work Arrangements: Other ways of achieving this include allowing employees to work from home or work for fewer hours in the week to avoid the deterioration of the employee’s mental health while delivering the required results.
- Employee Assistance Programs (EAPs): EAPs commonly offer free and anonymous counseling and assistance to organizations’ workers.
Facing a Baker Act violation? Talmadge Law Firm’s Dr. Stephen Talmadge is Here to Help
Don’t navigate the legal system alone. Talmadge Law Firm’s Dr. Stephen Talmadge, a licensed attorney with a Ph.D. in psychology, has over 20 years of experience helping clients with Baker Act cases. Get the representation you deserve. So, what are you waiting for? Visit Talmadge Law Firm today!
