At a glance

• Sick leave for mental health conditions is rising, posing new legal and practical challenges for employers.
• Employers must ensure workplace safety, including for mental health risks, or risk civil and criminal liability.
• Sensitive mental health data requires strict GDPR compliance and careful, minimal processing by authorised personnel only.
• Employers should observe, support, and carefully communicate with employees showing concerning behaviour, adapting actions to each case.
• Preventive measures and support systems reduce legal risk, absenteeism, and improve organisational stability and efficiency.

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