Taking stress leave or a mental health day from work

If you have a cold or flu you would most likely take the day off 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 struggle with their mental health due to stress. Taking mental health leave from work can help you regain your inner calm.

According to the Australian Institute of Health and Welfare’s (AIHW) 18th biennial report on the health of Australians in 2022, the use of mental health services since the start of the pandemic back in 2019 (as measured by Medicare Benefits Schedule [MBS] claims processed) “also increased as have contacts with support organisations (as measured by the number of calls or other contacts, such as web chat or email).”

Changing workplaces are adding to mental stress

A report by the Black Dog Institute in 2019 found that 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.

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. Taking some mental health leave from work could be one way to aid your recovery. But what would this involve, and what are your rights at work?

What is stress leave from work?

Under the Federal Government’s National Employment Standards (NES), full-time employees are entitled to take a minimum of 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. Employees can take paid sick leave if they can’t work due to personal illness or injury. The Australian Unions advises that 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 or mental health leave is not a separate or official category of leave (but it is in some workplaces), 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 for personal/sick/mental health leave. This is different to taking 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, Australian Unions advises that you may have to provide a medical certificate for any personal leave you request.

Do I get paid for stress leave in Australia?

You can take paid stress or mental health leave through your normal sick leave entitlements.

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

In a new report released by Safe Work Australia, that identifies trends in psychological health in workplaces, “during 2021-22 Mental health conditions accounted for 9% of all serious workers’ compensation claims, a 36.9% increase since 2017-18. The median time lost was more than 4 times greater than that of all physical injuries and illnesses (2020-21).

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 speak to your union or 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

The Public Interest Advocacy Centre says depending on your circumstances, your insurer may decline to offer cover entirely if you fail to disclose. 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.

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.

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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.

Cover image source: Me dia/Shutterstock.com