Your guide to mental health leave in the UK and supporting employee wellbeing
by Northern Life
A good mental health leave policy in an organisation can mean staff stay longer, take fewer sick days, and do better work. This guide covers current law, best practices and good policy benefits.
What is mental health leave?
Mental health leave is time off from work to address emotional and psychological wellbeing issues. Some common conditions include stress, burnout, depression and anxiety. Less common conditions can fall into the category of psychiatric or personality disorders.
What is an employer’s duty of care for mental health in the UK?
In the UK employers must treat mental health leave in the same way as any other sick leave. The Health and Safety at Work Act 1974 requires employers to take all reasonable steps to support an employee’s physical and emotional wellbeing.
Reasonable support includes:
- ensuring the work environment is safe;
- offering regular breaks or flexible hours;
- protection from discrimination;
- regular risk assessments.
The Management of Health and Safety at Work Regulations 1999 requires health and safety risk assessments that are ‘sufficient and suitable’, in the same way as physical injury.
Disability discrimination

Some mental health conditions may be considered a disability under the Equality Act 2010. Employers must take reasonable steps to protect employees from discrimination if their condition is classed as a disability.
Legal Rights for Employees
In the UK, employees are entitled to:
- Statutory Sick Pay (SSP) after three days of mental health leave.
- confidentiality about health information.
- be able to ask for and take leave without fear of discrimination.
- reasonable adjustments to work situation or environment;
- proper handling of health records and discussions.
Challenges surrounding mental health-related sick leave
Implementing the right policies and effective communication can help prevent these common issues.
Stigma among colleagues
Many people feel uncomfortable discussing psychological issues at work. They may worry that colleagues will treat them differently or they’ll miss out on opportunities.
To address this, employers could offer training to raise awareness and clarify policies.
Admin barriers
Creating robust policies can be time-consuming but ultimately worthwhile. Issues include:
- not having the training or information required to set up good policies;
- inconsistency in policy across the business;
- challenges with team schedules to accommodate leave.
The benefits of supporting time off for mental wellbeing

Having a clear mental health leave policy has substantial benefits:
- Improved morale;
- increased staff retention;
- better productivity;
- reduced sick leave in long term.
Benefits for employees include:
- time for recovery;
- minimise impact on their career;
- time to access help;
- potential avoidance of long-term absence.
Steps for employees who are considering taking time off for their mental health
You must get support if you’re suffering from any of the problems discussed here. This might involve support at work, or it may mean taking time off for medical support.
Recognising when to take leave
Some signs that it might be worth considering leave include:
- frequent stress or anxiety at work;
- struggling to deal with colleagues or deadlines;
- not being able to get your work done in the way you’d like to;
- finding it hard to cope with the day-to-day work environment.
How to request leave
Mental health leave works in the same way as any other type of sick leave. You can notify your employer that you’re taking sick leave for an absence of seven days or less.
For longer absences, you’ll need a Statement of Fitness from your GP or other health professional.
Telling your employer that you are taking leave
It’s challenging to talk about taking leave for mental health reasons. But it can be helpful to talk to your employer so that they can offer support. You can speak privately with your manager and bring a trusted support person, such as a family member or friend.
What to do during mental health leave
During your leave, you can take time for self-care away from work pressures. This kind of recuperation can be effective for minor instances of stress or anxiety. Consider seeking professional help, such as from your general practitioner (GP).
Best practices for employers
Create a supportive environment
Making employees feel safe to talk about problems means they are not afraid to seek support.
This might involve communicating a clear policy and setting up confidential systems. You can also consider staff sensitivity training.
Providing resources for employees
As well as accessible policies, you can offer:
Employee Assistance Programmes (EAPs)
Initiatives offering confidential support for employees experiencing difficulties at work. Employee assistance programmes can provide financial and productivity benefits for a business.
Education resources
Employers can offer training resources for all employees. These resources might include workshops or wellness programs.
Mental health days
Wellbeing days are offered by some employers to give employees the chance to relax and find support.
Steps for returning to work
Returning to work after a period of leave can be intimidating for employees. Some policies that make this transition easier might include:
- flexible hours;
- support in the workplace, such as an Employee Assistance Program;
- opportunities to take breaks away from colleagues.
Future of mental health leave in the UK
Employers are increasingly seeing that clear mental health leave policies are beneficial for their teams. And good for the bottom line! At Leave Dates, we proudly offer a platform that makes it easy for employers to manage mental health leave. We aim to support employers in keeping their workforce happy, healthy, and productive.

Author – Phil Norton
Phil is the co-founder of Leave Dates, the employee annual leave planner. He loves problem-solving and making life easier for small businesses. If you book a Leave Dates demo, he will give you a warm welcome and show you everything that you need to know.