Taking stress leave or a mental health day from work

If you have a cold or flu you probably wouldn’t think twice about calling in sick to work. But what if you’re feeling stressed, burnt out or struggling with your mental health? Would you still feel comfortable taking leave?

It’s scary to learn that as many as two in five Australians report feeling stressed at times. Taking stress leave from work can help you regain your inner calm.

The COVID-19 pandemic has taken a toll on the mental wellbeing of many Australians. According to the Australian Institute of Health and Welfare (AIHW), between March 2020 and mid-2022, over 29.0 million mental health-related services were processed through Medicare.

In the three years since 2019, the use of crisis and support organisations and online mental health information services has jumped dramatically.

AIHW figures show contacts to mental health support organisation Beyond Blue increased 23.0% over the past three years. Calls to Lifeline jumped 24.0% and the use of online mental health services skyrocketed by 184%.

Changing workplaces are adding to mental stress

The mental health challenges we can face are not just about COVID.

A 2021 report by the Black Dog Institute found the changing nature of work – including rapid digitisation, casualisation and the growth of the gig economy – were all adding to mental stresses.

Although the conversation around mental health has broadened in recent years, there can still be some stigma surrounding the issue. Australian workplaces are not immune to this, and the Australian Human Rights Commission notes that workplace managers may grapple with how to talk to their teams about mental health challenges.

The thing is, employers have a legal obligation to provide a working environment that is both physically and mentally safe. It’s in the boss’s best interests to provide a mentally healthy workplace.

The New South Wales state government estimates that every $1 spent on improving mental health at work, can deliver returns of up to $4 through improved productivity and savings from reduced workers compensation claims.

The main point is that you’re not alone if you’re experiencing stress, anxiety, depression or other mental health conditions. Taking some time off work – or stress leave – could be one way to aid your recovery. But what would this involve, and what are your rights?

What is stress leave from work?

Under the National Employment Standards, most full-time employees are entitled to take 10 days of paid personal leave – also known as sick leave – each year. If you are employed under an Enterprise Bargaining Agreement, you could be entitled to even more sick leave.

According to the Fair Work Ombudsman, employees can take paid sick leave if they can’t work due to personal illness or injury. The Australian Council of Trade Unions’ Australian Unions website say whether it is paid or unpaid leave, you have a right to be absent from work if you are unwell – and taking a day off for mental health counts as a ‘sick day’.

So, while stress leave is not a separate or official category of leave, you may be able to use personal leave to take time off to recover from stress.

Importantly, your employer cannot discriminate against you if you’re dealing with mental health issues including stress. Under the Fair Work Act 2009 (Cth), an employer cannot take adverse action against you based on your mental health.

How do I apply for stress leave?

You should apply for stress leave using whatever procedure your employer has in place to allow you to apply for personal leave, or sick leave, or what they call it. This is different to taking any annual or holiday leave.

Whether or not you tell your boss about any mental health issues, or the need to take time off to deal with stress, is a personal choice.

The National Youth Mental Health Foundation says you’re not legally required to tell your employer about a mental health condition unless it has the potential to endanger the safety of you or your co-workers.

Depending on your employment contract, the Australian Unions website says you may have to provide a medical certificate for any personal leave you request, but a GP can be vague about the reason and list it simply as a “medical condition”.

Do I get paid for stress leave in Australia?

You can usually take paid stress leave through your normal sick leave entitlements.

If you are experiencing severe work-related stress, you may be eligible to receive workers’ compensation.

According to Safe Work Australia, compensation claims for mental health conditions are rising, up from 6% of all serious claims in 2014-15 to 9% in 2020-21. That’s 12,155 claims with about one in three (36%) related to anxiety or stress disorders.

To make a successful claim, you will need to prove your condition was caused by your employment. This could be the case if you’ve experienced a traumatic event or bullying at work. If you want to make a claim, it could be a good idea to seek legal advice.

Can I take out income protection insurance if I have a mental health condition?

When applying for an income protection policy, you generally have a duty to tell the insurer if you have a mental health condition, or if you have had one in the past.

If you disclose an existing mental health condition, you may be seen by the insurer as being more likely to make future claims relating to a mental illness.

Read more: Mental health and insurance: what you need to know

As a result, the Public Interest Advocacy Centre says depending on your circumstances, your insurer may decline to offer cover entirely. Alternatively, you may be able to take out cover but with an exclusion for claims relating to mental health conditions, or you could pay a higher premium to reflect your existing condition.

Beyond Blue has called on insurers to “change their practices towards people with mental health conditions who are denied coverage, charged higher premiums, or have their claim rejected for travel, income protection, total and permanent disability and life insurance”.

Nonetheless, insurers vary in their approaches to covering people with an existing mental health condition. Generally speaking it may prove difficult to get a policy that would cover you for mental health-related claims if you have an existing condition.

If you are interested in income protection insurance, it could be worth checking with providers regarding their policies, and read carefully any policy documents for exclusions and other conditions that may apply before committing to buying cover.

Does income protection insurance cover mental health claims?

This largely depends on the insurer. As mentioned earlier, some insurers may add a mental health exclusion to your policy, particularly if you have an existing condition.

Others may not pay a benefit for any claims arising directly or indirectly from a mental illness or condition.

The bottom line is to shop around for policies to compare premiums, and read carefully the product disclosure statement (PDS) and any other relevant information so you can find a policy that suits your individual circumstances.

Compare income protection insurance

If you or someone you know needs support, call Lifeline on 13 11 14 or Beyond Blue on 1300 22 46 36. If it is an emergency, call 000.

Additional reporting by Tamika Seeto

Cover image source: Me dia/Shutterstock.com