When it comes to supporting employee wellbeing, few tools are as accessible and cost-effective as an Employee Assistance Program (EAP).
And yet — many Australian employers hesitate.
Why? Because of a persistent myth:
“If we offer an EAP, aren’t we admitting mental health is an issue in our business?”
“Couldn’t it lead to more WorkCover claims?”
“Doesn’t it expose us to legal risk?”
Let’s be clear: these concerns are not only outdated — they’re actively harmful to your workforce and your legal compliance.
This article will break down:
- What an EAP is (and isn’t)
- Why legal fears around EAPs are overblown
- The actual risks of not having one
- How to choose and implement the right solution
- And how HR leaders can bust the stigma internally
What Is an EAP?
An Employee Assistance Program is a confidential counselling and support service offered by employers to help employees manage personal or work-related challenges.
EAPs typically offer:
- Short-term counselling (mental health, family, grief, substance use)
- Manager support and coaching
- Crisis intervention
- Legal and financial advice
- Referrals to longer-term support services
They are voluntary, private, and often underutilised — but incredibly impactful when promoted well.
Myth 1: EAPs Increase Mental Health Claims
This is the most common myth — and completely unfounded.
In fact, offering an EAP can:
- Mitigate legal risk, not increase it
- Show that you’re fulfilling your duty of care under WHS legislation
- Provide early intervention that reduces the likelihood of mental health deterioration
- Create documentation that your business took proactive steps to support the individual
Psychosocial hazards (like burnout, bullying, or traumatic incidents) are now recognised under Australia’s workplace health and safety laws. That means you have a legal obligation to provide mechanisms for prevention and support.
Offering an EAP — and actively promoting it — strengthens your risk management, not your exposure.
Myth 2: EAPs Are Only for “Crisis” Situations
While EAPs are often used during personal crises or acute distress, they’re also designed for:
- Everyday stress management
- Relationship and family counselling
- Financial advice
- Parenting support
- Manager advice lines
- Performance anxiety and confidence coaching
EAPs are a preventative tool, not just a crisis service. Limiting their use to emergencies undercuts their value.
Myth 3: If Employees Use It, Something’s Wrong With the Business
This myth is rooted in stigma and shame — not fact.
Employees face challenges in and outside of work. A death in the family, a struggling child, or a partner losing a job are not reflections on your workplace culture — they’re part of life.
Offering EAP access says:
“We care about you beyond your output. We understand life happens. We’re here to support.”
And that’s the kind of culture that retains great people.
What Happens If You Don’t Offer One?
Let’s flip the fear.
If you don’t have an EAP:
- Your managers become default counsellors — untrained, unprepared, and legally exposed
- Staff may suffer in silence, leading to disengagement or burnout
- Issues escalate without intervention, leading to actual mental health claims, formal grievances, or WorkCover lodgements
- You breach WHS responsibilities by failing to provide basic psychosocial support pathways
- Your EVP (employee value proposition) takes a hit — especially among younger workers who expect wellbeing resources
In short: the real liability is in doing nothing.
What a Good EAP Should Include
Not all EAPs are created equal. Look for:
- Confidentiality guarantees — backed by strong provider privacy policies
- 24/7 access, including phone, online, and in-person
- Manager support line for handling complex people issues
- Clear reporting (aggregate, de-identified usage trends — not individual data)
- Multilingual and culturally appropriate services
- Optional manager training on promoting and referring to the EAP
Some providers also offer critical incident response, which is essential for high-risk or trauma-prone industries (e.g. healthcare, emergency services, social work).
Best Practices for Promoting Your EAP
An EAP is only valuable if people know about it, trust it, and use it.
Tips for strong uptake:
- Introduce it in onboarding as part of your wellbeing culture
- Include EAP reminders in all-staff emails, newsletters, and manager toolkits
- Share anonymised usage stats to normalise help-seeking
- Partner with managers to share success stories (without breaching confidentiality)
- Make access mobile-friendly and low-friction
The HR Case: Why You Should Act Now
The Fair Work Ombudsman, Safe Work Australia, and state-based regulators are increasingly scrutinising psychosocial safety.
This includes:
- Burnout from poor workload design
- Psychological injury from bullying or isolation
- Lack of recovery time due to unrealistic KPIs or “always on” culture
Having an EAP demonstrates:
- Proactive risk mitigation
- Fulfilment of WHS duties
- Access to reasonable adjustments and support services
- That your HR team isn’t expecting managers to carry everything themselves
Services like Hack Your HR can support businesses in:
- Vetting and recommending the right EAP provider
- Developing policies around wellbeing and mental health support
- Training managers in referral pathways and stigma reduction
- Creating wellbeing campaigns to increase internal trust and uptake
Final Word
If you’re still on the fence about offering an EAP, ask yourself:
“What would I want my employer to offer if I or someone on my team was struggling?”
EAPs don’t open you up to mental health claims.
They help prevent them.
They show you take your duty of care seriously. They reduce burnout, build trust, and provide lifesaving support when it matters most.
In today’s employment market — and under modern compliance frameworks — you can’t afford not to have one.