In today’s fast-paced and demanding work environment, it’s no surprise that stress is a major problem for many Australians. According to recent studies, over 30% of Australians report high levels of workplace stress, with factors such as workload, job insecurity, and long working hours contributing to the problem.
To address this issue, Australian employers are required to provide their employees with a safe and healthy work environment, including taking measures to prevent and manage stress. One such measure is stress leave, which allows employees to take time off work to manage their stress levels.
Image sourced from ciphr.com.
What is stress leave?
Stress leave, also known as personal or carer’s leave, is a type of leave that allows employees to take time off work when they are unable to work due to stress-related issues. This type of leave is covered under the Fair Work Act 2009 and is available to all employees, including casual employees.
To take stress leave, employees need to provide their employer with a medical certificate from a qualified medical practitioner. This certificate should indicate that the employee is suffering from a medical condition that is preventing them from working, including stress or stress-related illnesses such as anxiety or depression.
How much stress leave can you take?
Under the Fair Work Act 2009, full-time employees are entitled to 10 days of paid personal or carer’s leave per year, which can be used for stress leave. Part-time employees receive a pro-rata amount of leave based on their hours worked.
Employees can use their personal or carer’s leave for a variety of reasons, including to care for a sick family member or to deal with their own personal illness or injury. If an employee exhausts their paid personal or carer’s leave entitlements, they may be eligible for unpaid leave.
What are your rights as an employee?
As an employee, you have the right to take stress leave if you are suffering from a medical condition that is preventing you from working. Your employer cannot discriminate against you for taking stress leave, and they are required to maintain your privacy and confidentiality throughout the process.
If you feel that your employer is not providing you with a safe and healthy work environment, including measures to prevent and manage stress, you have the right to raise your concerns with your employer or a relevant authority, such as SafeWork Australia.
Stress leave is an important measure that allows employees to manage their stress levels and maintain their physical and mental health. As an employee, it’s important to know your rights and to seek help if you are experiencing stress-related issues at work. If you are unsure about your entitlements or need help managing your stress levels, consider seeking the advice of a qualified medical practitioner or a mental health professional.
If an employee is experiencing severe work-related stress, they may be eligible to receive workers’ compensation. However, it’s important to note that taking stress leave should not come to a point where it will compromise a company’s workflow. Employers should also take all precautions to be able to provide a safe and healthy work environment for their employees to prevent stress and other mental health issues.
Legal advice
Employers and employees can seek legal advice for further assistance or guidance on overtime pay or other employment matters.
If you need further assistance or advice regarding your overtime pay, or matters alike, we here at Legal Kitz would love to help you. We offer free resources and the option to request a free 30-minute consultation for all of your employment queries. Additionally, our sister company Business Kitz offers a subscription-based plan with over 150+ legally compliant documents.