Will my employer pay for my stress leave?

Need to take stress leave and want to know who pays for it?

Having to take time off from work due to stress can be difficult enough, with the added worry about getting paid adding to your stress. Today, we are here to help relieve some of your stress. Our brief guide explores stress leave, who pays for it, and how to apply for WorkCover stress leave.

Man frustrated. Image courtesy of Ahmad Gunnaivi, Unsplash.com

💥 What Is Stress Leave?

Stress leave is a form of leave you can take from your job if you are suffering from extreme stress or mental health problems. It is often called mental health or sick leave, where your employer will grant you time off from work to help improve your stress levels and mental health.

Stress leave is not currently an officially recognised form of work absence in Australia, but the Australian Fair Work Ombudsman recognises stress as a mental health condition eligible for paid sick leave, which allows you to be off work with stress.

💥 Who Pays For Stress Leave?

Permanent workers, whether full or part-time, are entitled to paid stress leave. Your employer will pay for this, which will likely come from your yearly entitlement. This varies depending on your company, but you can expect the following:

Ten days of paid sick leave per year
Four weeks of annual leave per year
Ten days of family and domestic violence leave
Two days of compassionate leave

In some cases, you can use your annual leave alongside paid sick leave to provide you with more time to recover. Casual workers are not entitled to paid sick or annual leave, but you can access ten days of paid family and domestic violence, compassionate, and unpaid sick leave. Your employer will also pay for these.

You might be entitled to worker’s compensation or WorkCover if you experience a psychological or physical injury at work. WorkCover allows you to claim treatment and income support while off work. A successful claim will see WorkCover pay some or all of your wages while you are off recovering.

Stress, especially if it has caused a psychological injury, such as anxiety, depression, or PTSD, can qualify for WorkCover. You will need proof that work has caused this injury, with supporting information from medical professionals.
How Do I Apply For Stress Leave?

Applying for stress leave is straightforward and can be done in a few easy steps, outlined below. We have also included guidance on applying for WorkCover while on stress leave.

Doctor writing notes. Image courtesy of Tima Miroschnicher, Pexels.com

💥 Step 1 – Speak To Your Doctor

First, you must speak to your doctor to confirm that you need stress leave. You will need to explain to your doctor the causes of your stress at work the symptoms, and answer any questions they might have. The following factors are common causes of workplace stress:

Work-life imbalance
Major organisational changes
Harassment or bullying
Lack of support
Excessive workloads

Your doctor will provide you with a diagnosis and a Work Capacity Certificate stating your limitations and often whether time off is required for you to recover.

💥 Step 2 – Tell Your Employer

Once you have your certificate, speak to your employer. You will need to contact your line manager, an HR representative, or whoever is responsible for sick leave in your company. Share your health concerns and your doctor’s diagnosis with them, informing them that time off is required for you to recover.

When you inform them of your sick leave, you will need to provide them with your Work Capacity Certificate. This should be done as soon as possible to ensure that you have the time to recover and that your employer can make arrangements for cover.

When speaking to your employer, be as clear and honest as possible. Honest and open communication not only ensures that you get the support you need but also proves that you have made considerable efforts with your employer should you make a WorkCover claim.

Image of people in a meeting, hands and lower body only. Image courtesy of Shvets Production, Unsplash.com

💥 Step 3 – Make A WorkCover Claim

Severe work-related stress or conditions requiring extended time off to recover are often eligible for a WorkCover claim. Once you are off work, it’s time to explore making a claim. These are time-sensitive, so the sooner you lodge a claim, the better. You can enlist legal assistance here, especially if your claim is complex, to ensure that you are compensated correctly and have the time off you need to recover.

💥 Final Thoughts

Your employer often pays stress leave, especially if you are a permanent staff member. However, WorkCover can cover your wages should you need longer off or are experiencing severe work-related stress.