Stress Leave From Work in Australia: Entitlements, Workcover and How to Apply

Stress leave is not a separate category of leave under Australian workplace law. If stress or a mental health condition makes an employee unfit for work, they may be able to use accrued paid personal leave or sick leave. Full-time and part-time employees can access paid personal leave if they have a balance, while casual employees do not receive paid personal leave under the National Employment Standards. Employees must notify their employer as soon as practicable and may need to provide reasonable evidence. In Queensland, workers’ compensation is a process that may apply when work causes a diagnosed psychological injury.

The term stress leave is commonly used to describe time away from work for a stress-related illness or mental health condition. For most employees, however, the legal entitlement being used is personal leave under the Fair Work Act 2009, rather than a special form of leave called stress leave.

This guide explains how stress leave from work operates in Australia, whether stress leave is paid, what evidence an employer may request and how ordinary personal leave differs from a Queensland workers’ compensation claim.

Important: This article provides general information, not legal or medical advice. Leave rights can depend on the applicable legislation, award, enterprise agreement, employment contract and individual circumstances.

What Is Stress Leave in Australia?

Stress leave in Australia generally means using personal or sick leave when stress, anxiety or another mental health condition makes an employee unable to work.

Under the National Employment Standards, a full-time or part-time employee can take paid personal leave when they cannot work because of a personal illness or injury. The Fair Work Ombudsman confirms that this can include stress.

Stress does not have to be caused by the employee’s job before personal leave can apply. The relevant question is whether a personal illness or injury has made the employee unable to work. The cause might be connected with work, circumstances outside work or a combination of factors.

“Mental health leave”, “work stress leave” and “workplace stress leave” are also commonly used expressions. These labels do not usually create separate leave balances. In most cases, the absence is recorded against the employee’s personal or sick leave entitlement.

Can I take stress leave from work?

You may be able to take stress leave from work if a stress-related illness or mental health condition means you cannot perform your job and you satisfy the applicable notice and evidence requirements.

Whether leave is appropriate, and how long a person should remain away from work, are medical questions that depend on the individual. A GP or another appropriately qualified health practitioner can assess a person’s health and capacity for work.

An employee should also check their workplace policies, award, enterprise agreement or employment contract. These may explain how to report an absence and what evidence the employer ordinarily requires, but they cannot provide less than the applicable minimum statutory entitlements.

Is Stress Leave Paid in Australia?

Stress leave is paid when an eligible full-time or part-time employee uses accrued paid personal leave and meets the relevant notice and evidence requirements.

The National Employment Standards provide full-time employees with 10 days of paid personal and carer’s leave for each year of service. Part-time employees receive a pro-rata amount based on their ordinary hours. The entitlement accrues progressively and unused leave carries over from year to year.

Employment status	General position under the National Employment Standards
Full-time employee	Accrues paid personal and carer’s leave based on ordinary hours, equivalent to 10 days each year for a full-time employee
Part-time employee	Accrues paid personal and carer’s leave on a pro-rata basis
Casual employee	Does not accrue paid personal and carer’s leave under the National Employment Standards

Paid personal leave is paid at the employee’s base rate for the ordinary hours they would have worked during the absence. An award, enterprise agreement or employment contract may provide a more beneficial entitlement.

What happens if I have no paid sick leave left?

If an employee has no paid personal leave remaining, the absence will not automatically become paid stress leave.

Depending on the circumstances, possible arrangements might include unpaid leave or using another available form of leave by agreement with the employer. A workplace instrument or contract may also provide additional entitlements. Where there is a diagnosed work-related psychological injury, the Queensland workers’ compensation scheme is a separate consideration and does not simply replace an exhausted personal leave balance.

Can casual employees take stress leave?

Casual employees do not receive paid personal leave under the National Employment Standards, although they may still be unable to attend work because of illness and may have other rights depending on their circumstances.

Casual employees should check any applicable award, enterprise agreement, workplace policy or contract. Workers’ compensation coverage is not restricted to permanent employees, but whether a particular worker or condition is covered must be assessed under the Queensland scheme’s requirements.

How to Take Stress Leave From Work

To take stress leave from work, an employee should notify their employer as soon as practicable, explain the expected period of absence and provide reasonable evidence if requested.

A practical process will usually involve the following steps:

1. Seek appropriate health support. A health practitioner can assess the person’s symptoms, treatment needs and capacity for work.
2. Notify the employer. The employee should advise the employer as soon as practicable that they are taking personal leave and state how long they expect to be away. Notification can occur after the leave begins if that is reasonable in the circumstances.
3. Check workplace requirements. The employee should follow any reasonable notification procedure in their award, enterprise agreement, contract or workplace policy.
4. Provide evidence if requested. The evidence must be sufficient to satisfy a reasonable person that the employee was entitled to the leave.
5. Keep relevant records. It may be useful to retain leave requests, certificates and correspondence, particularly during a longer absence or where the condition is connected with work.

The Fair Work Ombudsman’s guidance on notice and medical certificates explains that an employer can request evidence for an absence of one day or less.

Do I need a medical certificate for stress leave?

A medical certificate is not automatically required in every case, but an employer can ask for reasonable evidence that the employee was unable to work because of illness or injury.

Medical certificates and statutory declarations are examples of evidence identified by the Fair Work Ombudsman. An award or registered agreement may specify when evidence must be supplied and what type is required. The evidence requested must be reasonable in the circumstances.

A medical certificate generally does not need to provide an employer with a detailed diagnosis. Its purpose is ordinarily to provide evidence about the employee’s capacity for work and the relevant period. Privacy and information-handling obligations can vary, so employees and employers should obtain specific advice where necessary.

What should I say to my employer about stress leave?

An employee generally needs to say that they are unable to work, that they are taking personal leave and how long they expect to be absent.

The employee does not necessarily need to describe every aspect of their condition to colleagues or a manager. However, enough information and evidence must be supplied to meet lawful and reasonable workplace requirements. A simple notification might identify the absence as personal leave and confirm that supporting evidence will be provided if required.

Where the condition is linked to workplace bullying, harassment, traumatic events, workload or other psychosocial hazards, there may also be separate workplace reporting, safety or workers’ compensation considerations.

How Long Can You Take Stress Leave For?

An employee can generally take as much paid stress leave as they have accrued, provided they are unable to work and comply with applicable notice and evidence requirements.

There is no universal number of days specifically allocated to “stress leave”. The appropriate medical period depends on the person’s health, while the amount of paid leave available depends on their accrued personal leave balance and any additional entitlements under an award, agreement or contract.

The Fair Work Ombudsman states that there is no minimum or maximum amount of paid personal leave that can be taken at one time. An employee may therefore take one day, several days or a longer medically supported period, subject to their available balance and the relevant requirements.

Can you be dismissed while on stress leave?

Employees may be protected from dismissal because of a temporary absence due to illness or injury, but the protection is not unlimited and should not be described as an absolute guarantee of employment.

According to the Fair Work Ombudsman’s guidance on long periods of sick leave, an employee who provides evidence may be protected from dismissal because of the absence if they are:

• away for less than three consecutive months, or less than three months in total during the previous 12 months; or
• still using paid personal leave.

The specific temporary-absence protection may cease where an employee has been absent for more than three months, has exhausted paid personal leave and meets the other relevant conditions. Other protections may still apply, including unfair dismissal, general protections, anti-discrimination and state workers’ compensation protections. The outcome depends on the reason for the employer’s action and the surrounding facts.

Can an employer refuse stress leave?

An employer should not treat a personal leave absence as invalid merely because the illness involves stress or mental health, but an employee must still satisfy the legal requirements for taking leave.

Payment or approval may be disputed where, for example, the employee does not notify the employer as soon as practicable, does not indicate the expected duration, fails to provide reasonable evidence when asked or does not have sufficient paid personal leave available. Disputes can also arise over whether workplace procedures are reasonable or whether the evidence supports the absence.

What Is the Difference Between Stress Leave and WorkCover Stress Leave?

Stress leave uses an employee’s leave entitlements, while a Queensland WorkCover claim is a separate statutory process for a work-related injury or illness that meets the workers’ compensation criteria.

The expression “WorkCover stress leave” is commonly searched, but it is not a formal category of leave. In Queensland, the two systems can interact when a worker uses personal leave during an absence and also makes a workers’ compensation application concerning a diagnosed work-related psychological injury.

Stress leave from work	Queensland workers’ compensation
Usually uses accrued personal or sick leave	Involves an application to WorkCover Queensland or a self-insured employer
The illness does not have to be caused by work	Employment must have the required connection with the diagnosed injury
Governed mainly by workplace leave laws and instruments	Governed by the Workers’ Compensation and Rehabilitation Act 2003 (Qld)
An employer may request reasonable evidence	A valid application requires an application for compensation and a work capacity certificate
Payment depends on the employee’s accrued leave and employment conditions	Statutory payments and support depend on the insurer accepting the application and the scheme rules

Workers seeking broader information can read Trilby Misso Lawyers’ guide to workplace injury claims in Queensland and information about making a WorkCover claim.

How Does WorkCover Stress Leave Work in Queensland?

In Queensland, workers’ compensation may apply when a worker has a medically diagnosed psychological injury that arose out of or in the course of employment and employment was a significant contributing factor.

Stress by itself is not necessarily a diagnosed psychological injury. The insurer assesses medical and factual information when deciding whether the statutory requirements are met. For psychological injuries, the scheme also contains an exclusion where the injury arose out of, or in the course of, reasonable management action taken in a reasonable way, subject to the legislation’s terms and specific exceptions.

Management action can include performance management, disciplinary processes, decisions about duties, transfers, promotion, leave, organisational change and responses to workplace complaints. The insurer considers both whether the action was reasonable and whether it was carried out reasonably. This assessment depends on the facts of each situation.

Trilby Misso Lawyers has separate information about psychological injury workers’ compensation in Queensland. The Queensland Government also publishes a guide to psychological injury applications and reasonable management action.

How do you make a WorkCover claim for work-related stress?

A Queensland workers’ compensation application generally requires an application for compensation and a work capacity certificate that identifies the diagnosed work-related injury.

WorkSafe Queensland’s official claim information outlines the following general process:

1. Consult a doctor and obtain a work capacity certificate.
2. Ensure the certificate identifies each condition to be assessed.
3. Submit an application to WorkCover Queensland or the employer’s self-insurer.
4. Provide relevant information requested by the insurer.
5. Participate in the assessment and return-to-work process where applicable.

WorkCover Queensland insures most Queensland employers, while some employers are licensed self-insurers and manage applications through their own workers’ compensation units.

There is usually a time limit for lodging an application. WorkSafe Queensland explains that this is often within six months of the date the worker was first seen by a doctor for the work-related condition, unless the insurer accepts a reasonable excuse. Because time limits can depend on the facts and type of legal process, they should be checked promptly rather than calculated solely from a general article.

Can stress leave and WorkCover overlap?

Stress leave and WorkCover can overlap when a worker uses accrued personal leave while a Queensland psychological injury application is being assessed.

The two processes remain legally distinct. The use of personal leave does not establish that a workers’ compensation application will be accepted, and making an application does not automatically convert an absence into paid personal leave.

WorkSafe Queensland states that certain early psychological treatment may usually be funded while an application is being decided when the worker has lodged an application and has a work capacity certificate confirming a psychological injury. The available treatment and any continuing entitlement depend on the scheme and the insurer’s decision.

Can Work-Related Stress Lead to a Common Law Claim in Queensland?

A diagnosed work-related psychological injury may lead to a Queensland common law damages claim where the applicable procedural requirements are met and the worker can establish that the employer was legally at fault.

A common law claim is different from both ordinary stress leave and a statutory workers’ compensation application. Stress leave concerns an absence from work. A statutory application is generally assessed without requiring the worker to prove employer negligence. A common law claim requires proof of fault and loss under the applicable legal principles.

The presence of workplace pressure, conflict, bullying allegations or a period of stress leave does not automatically establish negligence. Questions may include whether the employer owed and breached a duty of care, whether the risk of psychological harm was reasonably foreseeable, whether reasonable precautions were available and whether the breach caused the loss claimed. Each matter turns on its evidence and circumstances.

The Queensland Government’s common law claim guidance explains that a Notice of Claim for Damages generally must be submitted within three years of the injury. It also explains the interaction between a Notice of Assessment, an assessed degree of permanent impairment and the choice to accept or reject a statutory lump sum offer. Different rules can apply in different situations, and accepting an offer can affect common law rights.

Common law claims can involve compensation for recognised categories of loss, subject to proof and the legislation. This may include economic loss, treatment expenses, care and general damages. No particular outcome follows simply because a worker has taken stress leave or had a statutory application accepted.

Returning to Work After Stress Leave

Returning to work after stress leave should be guided by the employee’s current capacity, medical information and reasonable discussions with the employer.

Some employees return to their usual role and hours. Others may discuss temporary changes such as altered hours, different duties, reduced workload, additional supervision or a staged return. Whether an adjustment is required or reasonable depends on the circumstances and the applicable workplace, safety, discrimination and workers’ compensation obligations.

A general medical clearance is not automatically required after every period of stress leave. However, an employer may reasonably request information about fitness for work or functional capacity in some circumstances, particularly where there are safety concerns, a longer absence or medical restrictions. The request should be lawful, reasonable and directed to information genuinely needed for the employment relationship.

Where a Queensland workers’ compensation application is involved, the worker’s work capacity certificate can record current capacity and restrictions. WorkSafe Queensland explains that the worker, employer and treating doctor should work together when considering safe duties, hours or workplace changes.

Employees can retain copies of medical certificates, work capacity certificates and written return-to-work arrangements. Workers can also review Trilby Misso Lawyers’ general information for people who have been injured at work.

Frequently Asked Questions About Stress Leave

Is stress leave the same as sick leave?

Stress leave is generally taken as paid personal or sick leave when stress or a mental health condition makes an employee unable to work. It is not usually a separate leave entitlement or balance.

Is stress leave paid in Australia?

Stress leave is paid when a full-time or part-time employee uses accrued paid personal leave and complies with the applicable notice and evidence requirements. Casual employees do not accrue paid personal leave under the National Employment Standards.

How do I get stress leave from work?

To get stress leave from work, notify your employer as soon as practicable, state the expected duration and provide reasonable evidence if requested. Seeking appropriate medical support can help determine whether you are unfit for work and for how long.

Do I need a medical certificate for one day of stress leave?

An employer can request evidence for one day or less, but a medical certificate is not the only possible form of evidence under the Fair Work Act. A statutory declaration may also be acceptable, subject to the applicable workplace requirements and whether the evidence would satisfy a reasonable person.

How long can I take stress leave in Australia?

You can generally take as much paid personal leave as you have accrued if you are unable to work and meet the relevant requirements. The medically appropriate period depends on your health, while payment depends on your available leave and employment conditions.

Does stress have to be caused by work?

Stress does not have to be caused by work before paid personal leave can apply. Work causation becomes particularly important when considering a Queensland workers’ compensation application for a psychological injury.

Can my employer ask why I am taking stress leave?

An employer can request reasonable evidence that an employee is entitled to personal leave, but the information reasonably required is not necessarily a detailed diagnosis. Privacy, safety and employment obligations can affect what information is appropriate in a particular case.

Can my employer contact my doctor?

The Fair Work Ombudsman states that it does not consider it reasonable for an employer to contact an employee’s doctor for further information or attend an appointment unless the employee requests it. Different issues may arise in workers’ compensation, fitness-for-work or safety processes.

Can I be dismissed for taking stress leave?

An employee may be protected from dismissal because of a temporary absence for illness or injury, but the protection is subject to legal conditions and is not unlimited. Other dismissal, general protection, anti-discrimination and workers’ compensation laws may also be relevant.

Does taking stress leave affect future employment?

Taking stress leave does not automatically determine a person’s future employment. What an employee needs to disclose later depends on the role, lawful questions, inherent job requirements, safety considerations and any continuing condition or restrictions.

Is WorkCover stress leave the same as workers’ compensation?

“WorkCover stress leave” is an informal expression, not a separate Queensland entitlement. Workers’ compensation is a statutory process for a diagnosed work-related injury, while stress leave ordinarily uses an employee’s personal leave balance.

Can I make a common law claim after taking stress leave?

Taking stress leave does not itself establish a common law claim. A Queensland common law damages claim requires the applicable procedural requirements to be met and proof of employer fault, causation and loss.

Further Information and Support

The following official resources provide further information:

• Fair Work Ombudsman: paid sick and carer’s leave
• Fair Work Ombudsman: notice and medical certificates
• Fair Work Ombudsman: long periods of sick leave
• WorkSafe Queensland: psychological injuries
• WorkSafe Queensland: making a workers’ compensation claim
• Queensland legislation: Workers’ Compensation and Rehabilitation Act 2003

If you or someone you know is in immediate danger, call 000. Lifeline provides 24-hour crisis support on 13 11 14. Beyond Blue can be contacted on 1300 22 4636.

Written by Kathryn MacDonell, Chief Executive Officer and Lawyer