What mental health time off work is
In a diverse workforce, you might have employees may experience 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
According to official UK government guidance, some employees with ongoing mental health conditions may be eligible for workplace adjustments. Employers can consult government resources to understand how these adjustments are approached in different situations.
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. Some employees may explore ongoing workplace adjustments, depending on individual circumstances and organisational policies. 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.
Government guidance explains that some long-term mental health conditions may meet disability criteria under the Equality Act 2010, depending on individual circumstances. However, there are certain criteria that need to be met for it to count as a disability. The UK government explains that some long-term mental health conditions may meet the criteria for disability under the Equality Act 2010, depending on individual circumstances. Government resources provide examples of how this is assessed. 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.
UK government information explains that, in some cases, a mental health condition may meet the criteria for a disability under the Equality Act 2010. When this applies, employers can review government guidance on adjustments that may support the employee. These might include changes to working patterns or additional flexibility, depending on the circumstances.
Mental health time off work
Some organisations, such as unions or advisory bodies, offer information about processes employers may follow when they need clarity about an employee’s absence. Where relevant, employers can review official government guidance or seek professional HR advice to understand which steps are appropriate in their specific context.
Government resources provide up-to-date information on statutory sick pay, including eligibility, payment duration and current rates. These figures can change over time, so employers typically check the latest guidance when managing longer periods of sick leave.
There aren’t any restrictions around how many sick days an employee can take during a year. Some organisations discuss situations where employers may seek additional information about an employee’s absence. Any contact with a medical professional generally requires the employee’s consent, and employers can refer to government guidance if clarification is needed.
UK government guidance discusses how employers and employees can work together when questions arise about fitness for work or ongoing sick leave. Any contact with a medical professional generally requires the employee’s consent, and employees may share additional information if they feel it will support their return to work. Employers typically rely on government guidance or HR advice to understand how to approach these situations.
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.
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. Some employers choose to explore options such as occupational health referrals, and these typically require the employee’s consent. Government and advisory resources outline how these referrals are approached in different workplace settings.
If an occupational health referral is being considered, employees can provide consent for information to be shared. Organisations offering occupational health services generally outline how referrals work and what information is needed. 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. Organisations offering occupational health services generally outline how referrals work and what information is needed. Their input can help employers and employees explore potential adjustments where appropriate. 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.
In many workplaces, time off for mental health is managed within existing sick leave policies. Government guidance explains how sick leave and statutory sick pay are handled, and employers often refer to these resources to understand how different types of absence are approached. 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. Some long-term mental health conditions may fall under disability protections in the Equality Act 2010, depending on individual circumstances. Government guidance outlines how this is assessed.
