When it comes to leave entitlements and mental health, there are some rights and obligations both employees and employers should be aware of.
Chances are there will be some mornings when you’re just not in the right headspace to come to work. On those days, you’ve maybe wondered whether it’s okay to take some time off to recover like you would for something like COVID or the flu.
Dr Alice Orchiston, lecturer at the School of Law, Society & Criminology, UNSW Law & Justice, says whether you can take such days using sick leave is becoming a more common question.
“Mental illness is a leading cause of all absences from work, as well as a significant source of workers’ compensation claims,” Dr Orchiston says. “But it is a complicated area with intersecting rights and obligations.”
While mental health or stress leave isn’t an official type of leave, taking a mental health day could be considered a valid use of paid personal/carer’s leave under the Fair Work Act.
All employees, except casuals, are entitled to personal/carer’s leave, which they can take if they can’t work due to a personal illness or injury, or to care for immediate family or a sick household member. The yearly entitlement for personal/carer’s leave is 10 days for full-time employees (pro rata for part-time), accruing from the first day of employment.
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