On September 15, 2023, the DOLE issued Labor Advisory No. 19, Series of 2023, providing supplemental guidelines on the implementation of a Mental Health Policy and Program in the Workplace, in connection with DOLE Department Order No. 208, Series of 2020.
The Labor Advisory requires employers to provide employees with effective access to mental health and self-care services, such as those provided under the DOH?s Lusog-isip application.
Employers must refer employees needing mental health services to the different facilities of DOH-retained hospitals or the rural health units for consultation, screening, diagnosis, medication, treatment, and provision of psychosocial support.
Employers are encouraged to provide the following work accommodations and arrangements for employees who may need further medical attention due to their mental health issues:
1. 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;
2. flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and
3. other benefits. The medical records of the concerned employees shall be handled in accordance with Republic Act No. 10173, or the Data Privacy Act of 2012, to prevent unauthorized access, accidental or unlawful destruction, alteration, disclosure and any other unlawful processing.
Employers must submit an Annual Medical Report Form to the DOLE indicating the number of cases handled or referred to mental health service providers, if any, and the activities and programs to promote mental health in the workplace.