What mental health time off work is

In a diverse workforce, you might have employees who suffer from mental health conditions. These can range from common issues such as stress, anxiety or depression, but can include rarer conditions such as bipolar disorder and schizophrenia. 

Some of your employees who suffer from a mental health condition might be able to function on a daily basis to the extent that they are able to come to work when they need to. They might need some degree of support from time to time, but they are still able to perform their duties and responsibilities as required. Regardless of how much support your employees need, it’s worth checking in to make sure that they are managing well. 

However, some employees might need more support at work, if their mental health issues impact their ability to work when it’s required of them. Their ability to work or perform certain tasks might fluctuate or otherwise change over time. If they’re too sick to work, they might request mental health time off. 

The UK law surrounding supporting mental health at work

As an employer, the UK government states that you are legally responsible for making reasonable adjustments for employees who are suffering from an ongoing mental health condition. This may or may not be aggravated by work. For more information on mental health conditions, work and the workplace , please refer to the UK government website. 

Stress

Although stress is not a mental health condition, it can cause long-term physical and psychological damage, according to the UK government. To tackle any work-related mental health issues, the government advises that they must be assessed ‘to measure the levels of risk to staff… steps must be taken to remove it or reduce it as far as reasonably practicable.’

Reasonable adjustments for employees with non-work-related mental health issues

Although some employees’ mental health issues are directly related to the pressure at work, some are not. This might include employees who suffer from depression, dementia, chronic fatigue syndrome, bipolar disorder, schizophrenia or psychosis. Employees with these types of mental health issues may need ongoing reasonable adjustments which may include time off alongside other options like flexible or part-time working. They might find it harder to work for long periods of time or have periods when they are more disabled by their condition than others.

Some mental health issues are considered a disability under the Equality Act 2010, making it a protected characteristic. However, there are certain criteria that need to be met for it to count as a disability. The UK government states on their website that: ‘a mental health issue is considered a disability if it has a long-term effect on your normal day-to-day activity’. The government defines day-to-day activity as a task that you would usually do during your day, such as using a computer or interacting with people. 

If your employee ’s mental health condition counts as a disability, then you are required by UK law to provide reasonable adjustments for them. You might decide, therefore, that it’s appropriate to offer them mental health days off work or have your employee work remotely from home on some days.

Mental health time off work 

Mental health time off work is considered as sick leave. This is because there isn’t a different law for mental and physical health. Therefore, it’s processed in the same way as statutory sick pay. This means if an employee takes mental health time off work for less than seven days, they don’t have to provide a sick note. If their time off work is longer than seven days, then they’ll need to provide a note from a medical professional who can confirm that they’re taking time off work for the reason given. 

If your employee is off work because of a mental health condition for four weeks or over, this is considered a long-term sick leave. As an employer , the UK government states that you have to pay statutory sick pay to an employee for up to 28 weeks, which comes to £99.35 per week.

There aren’t any restrictions around how many sick days an employee can take during a year. However according to Unison, as an employer you can ask HM Revenue and Customs’ Medical Services to contact your employee’s doctor. This is to make sure that they have a reason to be off work. 

After that, it is up to the employer to decide whether to keep offering sick pay to an employee. As an employer, you are only allowed to confirm an employee’s health with their doctor if you are granted permission by that employee. Your employee is entitled to dispute any claims that they are fit to work. However, if they are considered fit to work you no longer have to provide them with sick pay.

For more information about statutory sick pay, please read the government website. 

When an employee returns after mental health time off work

When an employee wants to come back to work after a period of mental health issues, it’s usually a good idea to hold a meeting with them to make sure that they’re able to return. During the meeting, you can perhaps talk about whether they need any adjustments to help them continue working safely. 

This also might include completing a risk assessment to find any possible risks involved in them doing so and how to prevent them from happening. 

Returning to work after having recovered from a period of mental health issues might require a phased return-to-work scheme. This might involve them coming back to you on reduced or flexible hours and with different responsibilities.

Usually, the employee finds an agreement with their employer about what accommodations they need and what a phased return-to-work should look like for them. As each employee will have their own specific needs, it’s worth discussing this in person with them first.

Other solutions to mental health issues at work

As an employer looking out for your employees, you might want other strategies for dealing with mental health issues at work. Although you’re not required to offer medical referrals, you’re allowed to look into this for your employees with their permission. 

Once your employee has given you permission to make an occupational health referral, you’re then able to contact an occupational health expert on behalf of your employee. Employees can also make a self-referral if they want to.

This involves providing information about the employee, their condition and how it affects their ability to work. An occupational health expert can then provide great advice which can help you make reasonable adjustments for your employee so that they can function better on a daily basis. This can also help you to understand your employee’s needs better. 

During this process, it’s important to keep an open line of communication with your employee so that they know what to expect from the occupational health referral process. For more information, please read the UK Civil Service blog page which explains how employers and employees can work together to achieve solutions. 

Mental health days off work are considered part of sick leave. Therefore, it’s worth familiarising yourself with how sick leave works so that you can appropriately pay your employees during this time. You might find that reasonable adjustment and phased return to work also work well for employees with mental health issues. For expert guidance, you can also turn to an occupational health referral to find out how to make adjustments in the workplace for your employees. As some employees with mental health illnesses are disabled, they are protected under the Equality Act 2010.