By Fay Simmons

Tribune Business Reporter

jsimmons@tribunemedia.net

The days-off for mental health that will be provided to Bahamian workers via the upcoming Employment Act reforms will be unpaid, it was disclosed yesterday.

Keenan Johnson, legal consultant for the Ministry of Labour and the Public Service, the changes aim to support employees who may need a break for emotional or mental well-being.

Speaking at the Bahamas Institute of Chartered Accountants (BICA) Accountant’s Week conference, he explained that while employees currently have sick days or personal days, the new provision recognises the need for leave when someone is not physically ill but is feeling mentally or emotionally drained.

Mr Johnson clarified that the recommended mental health days would be unpaid, balancing the interests of employers and employees.

“We have sick days. Some of us have personal days. But it is important that the law recognises that while I may not have anything physically going on with me, I may just be burnt out,” said Mr Johnson.

“Now, I will say that the recommendation being put forth for mental health days is unpaid. Right now, we have to balance the interests of the employer and employee, and we know fully well that if it was paid you all could take it whether you need it or not.

“But the idea with mental health is that you take it when you absolutely need it, and you're only going to take it when it's unpaid if you absolutely need it.”

Mr. Johnson distinguished between mental health and mental illness, noting that the latter is a formally diagnosed condition which would fall under regular sick leave. Mental health, by contrast, refers to situations where employees are not physically ill but are unable to function effectively at work due to stress or emotional strain.

“One of the examples that I always use is if you had a situation at home where your house burned down and you have to go to work the next day… what type of mental space would you be in to go to work the next day? It’s not an illness. But it’s certainly an appreciation that you’re not in the right mental space to actually produce at work. And so that’s what this is meant to capture,” said Mr Johnson.

He added that the legislation sets a baseline entitlement, but employers are free to expand on it. 

“Even, for example, we say we’ll give you three unpaid mental health work days, but if your employer wishes to give you three paid mental health work days, there’s nothing that stops them from doing that. There’s nothing that stops them from building on what’s already there,” said Mr Johnson. 

“It’s important for you to know what’s already there and start to align your policies at work with what’s coming.”