What is Mental Health Leave?
Mental health leave is commonly treated as a form of sick leave or personal leave where an employee is unable to work because of a mental health-related illness, injury or condition.
There is no separate universal entitlement called “mental health leave” under the National Employment Standards. However, eligible employees may be able to use paid sick and carer's leave where a mental health concern affects their ability to work.
Sick leave can apply to both physical and mental health concerns. This may include situations where stress, anxiety, depression, grief, burnout, trauma or another mental health issue means the employee is not fit to attend work.
Workplace policies, awards, enterprise agreements and employment contracts may set out notice and evidence requirements. If your employer asks for evidence, a medical certificate may be used to support your absence where clinically appropriate.
If you have chest pain, severe breathing difficulty, signs of a stroke, heavy bleeding, collapse, seizure, sudden swelling of the lips, mouth, throat or tongue, thoughts of self-harm, or any symptom that feels serious or life-threatening, call 000 immediately or attend the nearest emergency department.
Medical Certificates
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Sick Leave Certificate
Choose this option if you are unable to work due to illness or injury, including mental health issues or stress.
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Carer's Leave Certificate
Choose this option if you are unable to attend work because you need to care for a family member or someone in your household.
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If you need time away from work because of a mental health-related illness or injury, your employer may ask you to provide evidence that would satisfy a reasonable person that you were not fit for work.
You can submit an online sick leave certificate request through Dociva where your absence relates to a mental health concern. Your request will be reviewed by the next available Australian-registered medical practitioner.
Submitting an application does not guarantee that a certificate will be issued. A certificate is only issued if the reviewing doctor considers it clinically appropriate after assessing the information provided and completing any further assessment they require.
For any Dociva service, the doctor may require phone or video contact before making a decision if they consider it clinically necessary. If your request cannot be safely assessed online, it may be declined and you may be advised to seek in-person care, urgent care or support from your regular GP.
Policies on mental health leave can vary between employers. You should check your workplace policy, award, enterprise agreement or employment contract if you are unsure what evidence is required or whether an online medical certificate will be accepted.
Rules regarding mental health leave as per Fair Work 2009
The Fair Work Ombudsman explains that employees may be entitled to take leave for several reasons, including personal illness or injury and caring responsibilities.
Mental health-related absence is generally considered under sick leave or personal leave where the employee is unfit for work because of illness or injury.
Common types of leave under the Australian workplace system can include:
- Annual leave
- Paid sick and carer's leave
- Unpaid carer's leave
- Compassionate leave
- Family and domestic violence leave
- Parental leave
- Long service leave
- Community service leave
The National Employment Standards define minimum requirements for leave entitlements, notice, evidence and related workplace obligations. Employees should check their own workplace arrangements because specific requirements can vary.
Mental Health Leave Accumulation
Paid sick and carer's leave is part of the same personal/carer's leave entitlement.
Under the National Employment Standards, full-time employees are generally entitled to 10 days of paid sick and carer's leave each year. Part-time employees receive a pro-rata entitlement based on their ordinary hours of work.
Paid sick and carer's leave accumulates progressively during the year based on ordinary hours worked.
Does Unused Sick Leave Expire?
Unused paid sick and carer's leave generally carries over from year to year.
This means that if you do not use your full paid personal/carer's leave entitlement in one year, the unused amount generally remains available in future years while you continue employment.
Sick and carer's leave may continue to accumulate during certain types of paid leave, including:
- Paid annual leave
- Paid sick leave or carer's leave
- Community service leave, such as jury duty
- Long service leave
However, it may not accrue during certain types of unpaid leave, including:
- Unpaid annual leave
- Unpaid sick leave
- Unpaid parental leave
For more information on sick leave entitlements and how it accumulates, visit the Fair Work Ombudsman website.
Payment For Mental Health Leave
Paid sick and carer's leave is generally paid at an employee's base pay rate for their ordinary hours of work.
The base pay rate usually does not include:
- Incentive-based payments
- Bonuses
- Loadings
- Allowances
- Overtime
- Penalty rates
Payment rules can depend on the employee's award, enterprise agreement, employment contract and workplace arrangements. For additional details, please visit the Fair Work Ombudsman website.
Why Choose Dociva?
| Features | Dociva | Medical Certificate in Clinics |
|---|---|---|
| Are they certified? | ||
| Are they legal? | ||
| Are they valid? | ||
| Accepted by employers, schools, universities? | ||
| Available anytime | ||
| Cost effective | ||
| Reduced wait time | ||
| Reduced exposure to illness |
When You Should Consider Seeking Support
Mental health is an important part of overall health. If your mental wellbeing is affecting your ability to work, study, sleep, function or manage daily activities, it may be appropriate to seek medical advice.
Examples of mental health concerns that may affect work capacity can include:
- Feeling overwhelmed and unable to manage normal work duties
- Severe stress, anxiety or panic symptoms
- Low mood, depression or loss of motivation affecting daily function
- Grief, trauma or acute emotional distress
- Burnout symptoms that affect concentration, sleep or functioning
If symptoms are severe, worsening, persistent or involve thoughts of self-harm, you should seek urgent support and should not wait for an online certificate request to be reviewed.
An online medical certificate request is not a substitute for ongoing mental health treatment, crisis support or care from your regular GP, psychologist, psychiatrist or other treating practitioner.
Frequently Asked Questions (FAQs)
Your employer can ask for evidence that would satisfy a reasonable person that you were unable to work because of illness or injury. This may include a medical certificate or other evidence accepted by your employer.
Mental health-related absence is generally treated under sick leave or personal leave. Unused paid sick and carer's leave generally carries over from year to year while you remain employed.
You can submit a sick leave certificate request through Dociva where your absence relates to a mental health concern. You will need to provide accurate information and complete the required questions. Your application will then be reviewed by an Australian-registered medical practitioner. A certificate is only issued if the doctor considers it clinically appropriate.
Yes. For any Dociva service, the doctor may require phone or video contact if they consider it clinically necessary to safely assess the request. A certificate will only be issued if the doctor considers it clinically appropriate.
You may use available sick leave where you are genuinely unable to work because of a mental health-related illness or injury. Your employer may request evidence for each absence. Each Dociva certificate request is reviewed separately and approval is not guaranteed.
A medical certificate issued by an appropriate registered practitioner may be used as evidence for sick leave. However, employers may have their own evidence requirements under workplace policies, awards, agreements or employment contracts. Dociva cannot guarantee that any employer or organisation will accept a certificate in every situation, so please check your employer's requirements if you are unsure before applying.
No. Dociva does not provide backdated medical certificates, including certificates for mental health-related absence. A certificate can only be considered from the date of the clinical assessment and cannot be issued for a date before the assessment took place.
You can apply through the Dociva website using a smartphone, tablet or computer. Please make sure your contact details are correct and that you are available if the doctor or support team needs to contact you for further information.
Applications are usually reviewed within 24 hours, depending on practitioner availability, application volume and whether further assessment is required. If your certificate has been approved but you have not received it, please check your inbox, junk and spam folders. If you still cannot locate it, contact our support team by emailing support@dociva.com.au for assistance.
A certificate may cover the period that the doctor considers clinically appropriate after assessment. Multi-day requests and any other Dociva service may require phone or video contact if the doctor considers it necessary before making a decision.
Dociva takes privacy and security seriously and takes reasonable steps to protect personal and health information. Your information is handled in accordance with our Privacy Policy and may be used for clinical review, service delivery, payment processing, support, audit and compliance purposes.
Intended For Use Across Australia
Dociva medical certificates are issued by Australian-registered medical practitioners and are intended for use across Australia. However, employers, schools, universities and other organisations may have their own evidence requirements, so acceptance can vary depending on the organisation and circumstances.
