Imagine these scenarios: In the course of a regularly scheduledmeeting, you notice that your employee has grown visibly thinner.Or colleagues tell you their observations of disturbing memorylapses and mental mistakes; or the employee’s conversation becomessprinkled with potential indications of depression or evensuicidality.

You ask the employee about it,and encourage him or her to make an appointment forevaluation or medical assistance, but then what? If you areseriously concerned, can you call a familymember? How do you avoid violating privacy and confidentialitywhile still taking action you believe is in your employee’sbest interest?

There is a simple but highly effective way to resolve thisdilemma that goes one step farther than the usual emergencycontact forms that are standard issue in business: Ensure thateach of your employees signs something I call aDiminishingCapacity Letter^TM. This means scheduling a meeting with every current employee, andalso making it part of the onboarding process for newemployees. A simple template is asfollows:

“I, [name], give [HR officer’sname(s); companyname; location] permission to call thefollowing people in case of illness,emergency, or if they notice anydiminishment in my physical, cognitive, mental, or psychologicalcapacity.”

The form then has space to list at least three people,with their name, address, relationship to the employee, andcontact information. Your employee signs it,preferably in the presence of a notary public, who dates andnotarizes the document. Every year, you revisit the form to seewhether names or contact information need updating.

Once the form is in place, you no longer need to worryabout violating privacy or confidentiality.The employee has explicitly given youpermission to call specific people, not just foremergencies or medical illness, but also if you are concerned aboutthe cognitive or mental state.

Causes of diminished capacity

While it is typical to think diminished capacity is related toaging or dementia, never assume you know the cause. There areother reasons for cognitive difficulty that have nothing to do withdementia, such as interactions of medications, infections, avitamin B12 deficiency, emotional trauma or grief, and more. Regardless of the cause, it is always important to first talkto the employee and then to follow up with their contacts if theemployee does not respond promptly and appropriately.

When you call, remember not to make a diagnosis, i.e. “Ithink your mom might be heading toward dementia.” Instead, list what you see.“I am calling to let you know that people at thecompany observed some disturbing signsin contacts with your mom. She asked the same questionthree times in 25 minutes, even though I’d answered it each time,and it took her an unusually long time to remember her son’s name.This may be nothing, but I want you to be aware of it in case youor other family members observe similar things.”

Be sure to document your observations and the phonecall itself as evidence that you are doing everything youcan to protect your employee. Be a wise guide foryour employees in all the situations they mayencounter.