Mind at Work:
Mental Health in the Asia Pacific Workplace
PAKISTAN
Regulations and Policy Requirements
Is there a specific regulation in your jurisdiction that regulates mental health in workplace? Are employers required to have policies regarding mental health, i.e. to promote mental health awareness and protection?
There is no explicit requirement for employers to have dedicated mental health policies, but employers may have to protect employees’ mental health as part of their broader duty to ensure a safe workplace.
Leave Entitlements
Are employees with diagnosed mental health conditions entitled to paid or unpaid leave? If so, under what laws/policies and conditions?
Employers can grant paid and unpaid sick leaves to employees diagnosed with mental health conditions upon doctors's recommendation.
Employer Management of Suspected Conditions
May an employer require an employee with suspected mental health issues to leave the workplace or take time off? What level of evidence is required?
An employer may require an employee to stop working or take leave where there is a reasonable and justifiable basis, such as safety concerns (for the employee or others), particularly in roles that require full fitness and presence of mind at all times, or where the employee is unable to perform their duties.
However, any such action must be proportionate and non-discriminatory. It is therefore advisable for employers to have clear policies and procedures in place to manage these situations.
Medical Examination / Fitness for Work
Can an employer require an employee suspected of having mental health issues to undergo a medical examination or seek medical attention? Are there limits or procedural safeguards?
An employer may request an employee to undergo a medical examination or seek medical attention: if it is justified by the nature of the job or performance concerns; but generally must rely on employees consent and cannot be overly intrusive.
Medical Costs / Insurance
Are treatment costs for mental health conditions covered by statutory medical insurance or employer-provided benefits?
Depends on the insurance policy
Occupational Disease / Work-related Illness
Can mental health conditions be classified as occupational illnesses and be covered under occupational injury insurance? What criteria must be met?
No
Disability Protections
Can employees obtain disability benefits or protections due to mental health conditions? Does the law recognize mental illness as a disability?
Employees may receive disability benefits under Social Security if: the mental condition qualifies as permanent disability; and
certified by medical authorities.
Termination
Can an employer terminate an employee with a mental health condition: (i) when the employee is unable to return to work; or (ii) for other business reasons unrelated to the condition? What legal risks (e.g., unfair dismissal, discrimination) arise?
An employer may terminate:
(i) If the employee cannot return to work: Possible if incapacity is proven and prolonged; Must follow lawful termination and pay statutory severance.
(ii) For other reasons:
Must not be discriminatory;
Risk of unfair termination if linked to mental health condition.
Confidentiality and Data Protection
What are the employer’s obligations regarding confidentiality, collection, use and storage of employee mental health information and medical records?
Precautions pertaining to regular employee data will apply to this data aswell.
Reasonable Accommodation
Is the employer required to provide reasonable accommodation to employees with mental health conditions? Examples: flexible hours, reduced workload, remote work
No, The law does not expressly mandate “reasonable accommodation” in general employment. However: under disability-related laws, some accommodation may be expected.
Anti-Discrimination
Are mental health conditions protected under anti-discrimination laws? What conduct constitutes discrimination?
Mental health is not specifically protected as a standalone category.
Contact Information
