As a result, employers may face obligations, not only to support employees experiencing mental health conditions, but also to identify and address workplace risks and consider specific protections.

This article considers the position in Mexico and Colombia.

Across both jurisdictions, employers have a duty to take steps to protect employees’ health and safety, including their mental health.

In Mexico, employers are required to identify, analyse and take measures to prevent work-related psychological risks. These risks include those that may trigger anxiety, sleep, stress and adaptation disorders, and may arise from factors such as harassment, bullying and burnout.

Employers must adopt a formal prevention policy, evaluate the organisational climate, implement preventive and corrective mechanisms and, where appropriate, refer employees with severe symptoms for medical or psychological care. They must also maintain documentation demonstrating compliance, which may be requested during labour inspections.

In Colombia, occupational risk insurance companies (ARLs) must ensure that its affiliated companies include permanent monitoring of exposure to psychosocial hazards. Colombian law further requires psychosocial risk factors to be objectively and subjectively evaluated and sets out guidelines for prevention and intervention, as well as specific workplace mental health protocols. Evaluations must be carried out periodically depending on the level of risk identified, and the results must be incorporated into the employer’s annual health and safety plan.

Mental health conditions may also trigger additional legal protections.

In Mexico, mental health conditions are not a protected characteristic for the purposes of termination of employment. However, they are protected under anti-discrimination law. Where a mental health condition substantially limits an individual’s functioning, it may constitute a disability, triggering additional protection against discriminatory treatment.

In Colombia, labour law is especially protective of employees on sick leave or employees who are subject to physical and/or psychological limitations. This protection may apply to employees with a certified disability, a reduction in physical or mental capacity, or a serious health condition that substantially affects their ability to work, or that could give rise to discrimination.

These employees benefit from reinforced employment stability. According to recent case law, this protection not only includes a right to remain employed, but also requires that work be compatible with the employee’s current abilities and limitations.

Once a mental health condition has been identified, employers may face additional support obligations.

In Mexico, disability and anti-discrimination principles support the obligation to make feasible adjustments for employees with health conditions, including mental health conditions. These may include modified schedules, temporary workload reductions, changes in duties or remote working arrangements where operationally viable.

If a mental health condition is certified by the Mexican Social Security Institute (IMSS), the employee may receive temporary disability leave, during which they are entitled to a social security subsidy and job protection.

In Colombia, employers may need to make staff adjustments with support from the occupational risk insurance system. Employers must additionally provide psychological first-aid training, establish support channels for employees who have experienced workplace harassment and disseminate information regarding available mental health support pathways.

In Mexico, mental health conditions do not automatically prevent an employer from terminating employment. However, employers should proceed cautiously where a condition may qualify as a disability as this would trigger heightened protection against discriminatory treatment. Employees certified as temporarily disabled by the IMSS may also benefit from job protection during the relevant period of leave.

In Colombia, employers are prohibited from dismissing employees or pressuring them to resign based on illness or mental health conditions. Reinforced employment stability also significantly restrict an employer’s ability to terminate employment where serious physical or psychological health conditions are involved.

Mental health is being treated as an integral part of workplace health and safety, bringing with it new expectations around prevention, support and employee protection. For employers, the challenge is not simply responding to mental health issues when they arise, but ensuring that workplace practices are designed to prevent them in the first place.