Directs the commissioner of labor to create and distribute to employers a poster, pamphlet, or other written materials regarding mental health and wellness of employees to be posted in the workplace; directs voluntary guidelines for employers to put in place strategies and programs to support the mental health and wellness of their employees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5299A
SPONSOR: Gunther TITLE OF BILL:
An act to amend the labor law, in relation to workplace mental health
PURPOSE OR GENERAL IDEA OF BILL:
To require employers to provide employees with information on mental
health issues and resources and to destigmatize mental health in the
workplace.
SUMMARY OF PROVISIONS:
This bill creates two new sections of the labor law.
Section one of this bill adds a new section to the labor law to require
that employers distribute written materials regarding mental health
conditions and resources and have at least one poster or pamphlet posted
within an easily accessible area within the workplace.
Section two of this bill adds a new section to the labor law to require
the commissioners of labor and the office of mental health to create a
regulatory framework with the goal to increase public awareness on
mental health issues while minimizing the stigma of mental health within
the workplace.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Technical changes to language and removal of language access provisions,
as they are covered in existing law.
JUSTIFICATION:
Adults spend most of their lives in the workplace. Due to increased
pressures at work, the dissolution of home and work due to new technolo-
gies allowing work from home, and the growing COVI D-19 pandemic it is
important now more than ever to focus on employee's mental health.
Employees who undergo physical and mental health problems, also experi-
ence reduced productivity levels at work. According to the World Health
Organization at least one trillion dollars per year is spent in the
global economy because of depression and anxiety. By providing mental
health resources in the workplace and creating workplace websites,
portals, and/or guidelines, these resources can help reduce the stigma
surrounding mental health by making it something common and established.
As a result, this bill will provide employees with the proper tools to
get the help they need while also showing employees that their mental
health issues matter and are important and recognized by their employer.
PRIOR LEGISLATIVE HISTORY:
2022: A8675A referred to Ways & Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This law will take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5299--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Labor -- recommitted to the Committee on Labor in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to workplace mental health
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding two new sections 218-c
2 and 218-d to read as follows:
3 § 218-c. Posting of information regarding mental health awareness and
4 resources. The commissioner, in consultation with the commissioner of
5 the office of mental health, shall create and distribute to employers in
6 this state a poster, pamphlet, or other written materials regarding
7 mental health and wellness of employees. Such materials shall be
8 designed to eliminate stigma and misinformation about mental illness,
9 improve employers' and employees' understanding of mental disorders and
10 the existence of effective treatment, and provide information regarding
11 available resources and how to access them, including but not limited
12 to, the 9-8-8 suicide prevention and behavioral health crisis hotline
13 and other state or federal hotlines, websites maintained by local,
14 state, or national organizations offering mental health services, and
15 the rights of workers with psychiatric disabilities pursuant to the
16 Americans with Disabilities Act (ADA). Every employer shall post such
17 poster, pamphlets, or other written materials in such employer's estab-
18 lishment or place of business, in a place accessible to his or her
19 employees and in a visually conspicuous manner.
20 § 218-d. Workplace mental health. The commissioner, in consultation
21 with the commissioner of the office of mental health, shall establish a
22 voluntary framework and standards for addressing mental health in the
23 workplace to reduce mental health stigma, increase public, employee, and
24 employer awareness of mental health issues, and provide guidance for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04549-03-4
A. 5299--A 2
1 employers on strategies and programs to support the mental health and
2 wellness of their employees. Such strategies and programs may include,
3 but not be limited to, an employer sponsored website or online portal
4 for resources and guidelines included in an employee handbook, posters,
5 written/digital resources for workplace mental health, and guidelines
6 regarding best practices for businesses.
7 § 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
