Stress leave: applying for and navigating time off for your mental health

Stress is a major factor in many people’s lives, particularly in the workplace. In this Legal Kitz blog, we will help outline what stress leave is, how to apply for it, and other tips and advice for managing stress and knowing your entitlements in the workplace.

What is stress?

Stress is a natural physical and emotional response to the demands and pressures of life and is unfortunately, a normal part of everyday life. When the body experiences stress, it triggers a series of physiological responses that are designed to help us cope with the situation. These responses can include an increase in heart rate, rapid breathing, and a surge of hormones like adrenaline and cortisol.

While stress can be beneficial in small doses, chronic stress can have a negative impact on both physical and mental health. It can lead to a range of health problems, including high blood pressure, heart disease, depression, and anxiety. It can also affect sleep, appetite, and cognitive function, making it difficult to concentrate or make decisions.

Causes of stress

There are a wide range of factors that can cause stress, and these can vary from person to person, some of the most common being work-related, financial, relationship, and health-related stress.

Work-related stress: can be caused by a number of factors, such as heavy workloads, tight deadlines, job insecurity, difficult colleagues or supervisors, and long working hours. This can lead to feelings of overwhelm, burnout, and anxiety.

Financial stress: can arise from a variety of situations, including debt, job loss, or unexpected expenses. This can lead to feelings of anxiety, depression, and uncertainty about the future.

Relationship stress: can be caused by conflict with a spouse, family member, or friend, as well as loneliness or social isolation. This can lead to feelings of frustration, sadness, and despair.

Health-related stress: can be caused by illness, injury, chronic pain, or the stress of caring for a loved one with a health condition. This can lead to feelings of fear, uncertainty, and overwhelm.

Other common causes of stress can include major life events, such as moving house, starting a new job, or getting married, as well as daily hassles like traffic jams, crowded public transportation, or technology malfunctions.

Understanding the sources of stress in our lives can help us to better manage and reduce its impact. It’s important to recognise when we are feeling stressed and to take steps to address it, such as practicing relaxation techniques, seeking support from friends or family, or talking to a mental health professional.

Stress leave

Stress leave is a type of leave of absence that is taken by an employee who is experiencing significant levels of stress or burnout. This type of leave may be offered by an employer as part of their employee benefits package, or it may be available through a government program or insurance policy.

It can be taken for a variety of reasons as listed above and is designed to provide employees with time away from work to address their mental and emotional health needs, in order to prevent further harm or negative impacts to their wellbeing.

It may be paid or unpaid, depending on the policies of the employer or government program. During this time, employees are typically expected to focus on self-care and recovery, and may be required to seek treatment or therapy in order to manage their stress levels and improve their mental health.

Employers are typically required to provide reasonable accommodations for employees who need to take stress leave, such as ensuring their job is held open for them during their absence, or providing flexible work arrangements upon their return.

Worker’s compensation during stress leave

Whether or not workers are entitled to compensation during stress leave depends on the laws and policies in their specific jurisdiction and workplace. In some cases, employees may be eligible for workers’ compensation benefits if their leave is caused by a work-related injury or illness, such as work-related stress or burnout.

However, in many cases, it is not covered by workers’ compensation programs, and employees may need to rely on other forms of leave, such as sick leave or vacation time, or seek disability benefits through their employer or government programs.

Some employers may also offer short-term disability insurance or other benefits that provide compensation for employees who are unable to work due to stress or other mental health issues. It’s important for employees to review their employer’s policies and benefits to understand what options are available to them.

Applying for stress leave

If you’re feeling overwhelmed by stress and feel like you need to take leave from work because of this, the first step is to speak with your employer or HR representative to find out what options are available to you. Depending on the policies of your workplace, you may need to provide documentation from a medical or mental health professional to support your request.

Here are some general steps you can follow when applying:

  1. Review your employer’s policies: Check your employee handbook or speak with your HR representative to find out what options are available for leave, and what documentation or requirements are needed to support your request.
  2. Seek medical or mental health support: Schedule an appointment with your healthcare provider or a mental health professional to discuss your symptoms and develop a treatment plan. They can also provide documentation to support your request for leave.
  3. Notify your employer: Once you have a treatment plan in place and have spoken with your healthcare provider, notify your employer or HR representative of your request for stress leave. Provide any necessary documentation or information to support your request.
  4. Follow up with your employer: Stay in touch with your employer or HR representative during your leave, and keep them updated on your progress and when you expect to return to work. Make sure you understand any requirements or processes for returning to work, such as obtaining a medical clearance or completing any necessary paperwork.

Remember, taking stress leave from work is a personal decision, and it’s important to prioritise your mental health and wellbeing. If you’re feeling overwhelmed by stress or other mental health issues, don’t hesitate to seek support from a mental health professional or employee assistance program.

Stress leave entitlements

Entitlements can vary depending on the specific laws and policies in your jurisdiction and workplace. However, here are some common entitlements that may be available to employees:

  1. Paid or unpaid leave: Depending on the policies of your workplace, you may be entitled to paid or unpaid leave. Some employers offer paid sick leave or vacation time that can be used for stress leave, while others may offer short-term disability benefits or other forms of compensation.
  2. Job protection: In many cases, employees who take stress leave are entitled to job protection, meaning that their employer is required to hold their job open for them while they’re on leave. This can provide peace of mind and job security for employees who are struggling with stress or other mental health issues.
  3. Accommodations: Employers are generally required to provide reasonable accommodations, such as modifying their work schedule or duties to reduce stress, or providing access to mental health support services.
  4. Return-to-work support: When you’re ready to return to work, your employer may be required to provide support and accommodations to help ease the transition. This might include a phased return-to-work schedule or access to additional support services or resources.

It’s important to review your employer’s policies and your jurisdiction’s laws to understand what specific entitlements may be available to you. If you have any questions or concerns about your rights and entitlements while on stress leave, consider speaking with an employment lawyer or other legal professional.

Going back to work

Returning to work after stress leave can be a challenging and emotional experience, but there are several things you can do to make the transition smoother and more successful:

  1. Communicate with your employer: Keep your employer informed about your progress and any ongoing treatment or accommodations you may need upon your return to work. This can help ensure that your employer is aware of your needs and can provide any necessary support.
  2. Plan for a gradual return: Consider a gradual return-to-work plan that eases you back into your regular workload over time. This might involve starting with reduced hours or duties, or gradually increasing your workload as you feel more comfortable.
  3. Practice self-care: Taking care of your physical and mental health is essential when returning to work. Be sure to get enough rest, eat healthy foods, and make time for activities that promote relaxation and stress relief.
  4. Seek support: Consider seeking support from a mental health professional or employee assistance program to help you cope with any ongoing stress or anxiety related to your work. Additionally, consider connecting with colleagues or mentors who can provide emotional support and guidance.

Remember, it’s normal to feel some anxiety or nervousness when returning to work. Be patient with yourself and take things one day at a time. By prioritising your physical and mental health, communicating openly with your employer, and seeking support as needed, you can successfully return and thrive in your role.

Managing stress at work

Managing stress at work can be challenging, but there are several strategies you can use to help reduce your stress levels and promote overall wellbeing. Here are some tips:

  1. Prioritize self-care: Taking care of your physical and mental health is essential for managing stress at work. Make time for exercise, healthy meals, and plenty of sleep. Practice relaxation techniques such as meditation, yoga, or deep breathing exercises to help reduce stress.
  2. Set boundaries: Establish clear boundaries between your work life and personal life. Set realistic expectations for your workload and try to avoid bringing work home with you.
  3. Manage your time effectively: Use time management strategies such as creating to-do lists, prioritizing tasks, and setting realistic deadlines. Break large projects into smaller, more manageable tasks.
  4. Seek support: Connect with colleagues or mentors who can provide emotional support and guidance. Consider joining a support group or seeking assistance from an employee assistance program.
  5. Communicate with your employer: If you’re feeling overwhelmed or stressed at work, talk to your employer or HR representative about any accommodations or support that may be available to you.
  6. Take breaks: Make sure to take regular breaks throughout the day to rest and recharge. Step away from your desk and take a walk, read a book, or engage in another activity that helps you relax and unwind.

Remember, managing stress at work is an ongoing process. Be patient with yourself and experiment with different strategies to find what works best for you.

Legal advice

As previously stated, if you are struggling managing your stress and mental health and are considering applying for stress leave, speak to your managers and HR representatives to see what can be done to support you.

If you need further assistance or advice regarding this, you can always contact Legal Kitz to assist you.To request to book a FREE 30 minute consultation with one of our highly experienced solicitors, contact us at [email protected] or 1300 988 954. Additionally, you can also check out our sister company – Business Kitz’s Subscriptions to access our full range of legal, commercial and employment document templates to begin your business with a solid foundation that ensures compliance.