Stress Leave

Author: Megan Adams & Jasmine Burrows, Progressive Legal

The work environment can often be very fast paced, demanding, and overwhelming. As an employer, it is crucial that you ensure that the wellbeing of your employees is a top priority. One way to do this is to be aware of the impacts of stress leave. Stress leave is a legitimate and protected form of leave that allows employees to manage their mental and emotional health.

Understanding how to effectively handle stress leave situations can not only support your employees’ well-being but also contribute to a more productive and positive workplace.

On this page, we’ll delve into the intricacies of stress leave and provide valuable insights for Australian employers on how to navigate this aspect of employee health. 

What is stress leave? 

According to Fair Work Australia, “An employee can take paid sick leave when they can’t work because of a personal illness or injury. This can include stress and pregnancy-related illnesses.” 

Under Australia’s National Employment Standards, permanent employees are entitled to certain minimum workplace conditions. One of these entitlements is personal leave (also known as “sick leave”), which can be used for dealing with stress-related conditions.

According to the NES, permanent employees are entitled to 10 days of personal leave per year for full-time employees, and pro-rata for part-time employees based on their working hours.  Another term for personal leave is sick leave.  This leave can be used for various reasons, including personal illness, injury, or caring responsibilities.  Stress leave is covered under personal leave.

What is the legal basis for stress leave? 

How does an employer grant stress leave? 

In Australia, employers should approach granting stress leave in a similar manner to how they handle other forms of personal leave for illnesses or medical conditions.

Stress leave is typically granted through established procedures and channels, often coordinated by the Human Resources (HR) department, especially in larger businesses. This approach ensures consistency, fairness, and adherence to legal requirements. 

What is the procedure for granting stress leave? 

Employee Communication

When an employee is experiencing stress-related challenges that affect their ability to work, they should communicate their situation to their immediate supervisor or manager. This communication is important for both the employee’s well-being and for the employer to be aware of the situation. 

Medical Certificate

In many cases, an employee may be required to provide a medical certificate from a registered medical practitioner to verify their need for stress leave. The medical certificate should detail the nature of the condition and the recommended duration of leave.  Not all businesses require a medical certificate, and you should be sure to follow your internal policies and procedures. 

Notifying HR or Management

After an employee has flagged the issue with their manager and provided a medical certificate if they are required to do so, the employee and their manager usually notify the HR department or relevant management personnel about the need for leave. 

Leave Approval

The HR department or relevant management personnel review the request for stress leave, along with the medical certificate. If the request aligns with company policies and the employee’s accrued personal leave balance, the leave is typically approved. 

Accrual and Deduction of Leave

Just as with other forms of personal leave, the days taken as stress leave are deducted from the employee’s accrued personal leave balance. The accrual and deduction of leave are recorded in accordance with company policies and employment agreements. 

Return-to-Work Plan

During the period of stress leave, the employer and employee might communicate about the employee’s progress and potential return to work. If the employee is working with medical professionals to manage their stress, this information can inform discussions about a structured return-to-work plan that accommodates their needs. 

Employer responsibilities 

As an employer, your role extends beyond merely overseeing daily operations. You have a significant responsibility to foster a supportive and empathetic work environment that prioritises the well-being of your employees.

Not only is this ethically sound, but it’s also legally required under various employment  and workplace health and safety laws, including the duty of care owed to your employees. When it comes to managing stress leave situations, several key considerations should guide your approach: 

Communication: Encouraging Open Dialogue

Communication forms the foundation of a healthy workplace. When employees are facing stress-related challenges, it’s important to establish open channels of communication. Encourage your employees to voice their concerns without fear of judgment. Create an atmosphere where employees feel safe discussing their stress-related issues with you or their immediate supervisors. 

Remember that every individual’s experience with stress is unique. Listen attentively, without interruption, and validate their feelings. By demonstrating genuine concern, you can build trust and show that you value their well-being. 

Policies and Procedures: Clarity and Accessibility

Having clear and well-defined policies and procedures regarding personal and sick leave is essential. These policies should outline how employees can apply for leave, the required documentation, and the process for notifying their superiors. Ensure that these policies are easily accessible to all employees through your company’s employee handbook. 

Transparency in your leave policies helps employees understand their entitlements and alleviates confusion during times of stress. Regularly educate your staff about these policies to ensure they are well-informed. 

Reasonable Accommodations: Flexibility in the Face of Stress

Recognise that stress-related issues can impact an employee’s ability to perform their duties. As an employer, consider implementing reasonable accommodations to support these employees. Temporary adjustments to workloads, tasks, or working hours can help ease the burden during challenging periods. 

Consult with the employee to understand their specific needs and collaborate on finding solutions that promote their well-being without compromising the operational needs of the company. By being flexible and adaptive, you demonstrate your commitment to valuing your employees’ mental and emotional health. 

Privacy and Confidentiality: Respecting Personal Boundaries

When an employee requests stress leave, it’s crucial to handle the situation with the utmost privacy and confidentiality. Respect their personal boundaries by refraining from discussing their situation with other employees unless the employee has given explicit consent. Avoid sharing sensitive information that could potentially exacerbate the stress they are already experiencing. 

Some employees are very protective of their privacy and may only tell you that they are unwell and need to take leave.  They may fear judgment for taking stress leave.  It is important not to push these employees beyond the boundaries of their comfort.  

By safeguarding their privacy, you create an environment where employees feel safe seeking help without fear of stigma or repercussions. 

Return-to-Work Plans: Structured Reintegration

The return-to-work process after a stress-related absence should be well-structured and supportive. Collaborate with the employee and their medical professionals to create a comprehensive plan that outlines the gradual reintegration into their role. This plan might include modified tasks, reduced hours, or additional support during the transition period. 

A well-thought-out return-to-work plan demonstrates your commitment to your employee’s successful reintegration and reduces the chances of them feeling overwhelmed. 

Training for Managers: Equipping Leaders for Support

Managers and supervisors play a critical role in recognising and addressing stress-related issues. Provide them with comprehensive training on how to identify signs of stress in employees, how to initiate supportive conversations, and where to direct employees for further assistance. 

When your leadership team is well-equipped, they can provide timely and appropriate support, creating a culture of empathy and understanding throughout the organisation.

Reach out to us today for advice in relation to employer responsibilities.

Preventing Stress in the Workplace 

Prevention is always better than cure. By proactively addressing workplace stressors, you can reduce the likelihood of stress-related leave situations. Some strategies include: 

Clear Expectations and Role Clarity

Ensure that employees have a clear understanding of their roles, responsibilities, and performance expectations. Ambiguity about job roles and expectations can lead to frustration and stress. 

Manage Workload and Workflows

Avoid overloading employees with excessive tasks or unrealistic deadlines. Regularly review workloads and provide resources or additional support when necessary. Implement efficient workflows and prioritise tasks to reduce unnecessary stress. 

Encourage Work-Life Balance

Promote a healthy work-life balance by encouraging employees to take breaks, use their vacation days, and disconnect from work after working hours. Flexible work arrangements, such as remote work and flexible hours, can also help employees manage their personal and professional lives more effectively. 

Provide Resources for Stress Management

Offer resources and programs to help employees manage stress. Employee assistance programs (EAPs), wellness workshops, mindfulness sessions, and mental health resources can provide valuable tools for coping with stress. 

Promote a Supportive Culture

Foster a culture of support, empathy, and respect. Encourage teamwork, collaboration, and mutual assistance among colleagues. Recognise and reward employees for their efforts and achievements. 

Encourage Regular Breaks

Promote regular breaks during the workday. Short breaks can help employees recharge, reduce stress, and enhance productivity. 

Address Workplace Bullying and Harassment

Create a zero-tolerance policy for workplace bullying and harassment. Address any incidents promptly and ensure a safe and respectful work environment. 

Offer Career Development Opportunities

Provide opportunities for skill development and career growth. Employees who feel they are progressing in their careers are generally more engaged and less likely to experience stress. 

Implement Clear Communication

Keep employees informed about changes in the business, goals, and projects. Uncertainty can contribute to stress, so transparent communication is essential. 

Physical Workspace Design

Consider the physical environment of the workplace. Natural light, ergonomic furniture, and comfortable spaces can contribute to a more positive and less stressful atmosphere. 

Lead by Example

Employers and leaders should set an example of work-life balance, stress management, and self-care. When employees see their leaders valuing these aspects, they are more likely to follow suit. 

Conduct Stress Risk Assessments

Regularly assess the workplace for potential stressors. This can involve surveys, focus groups, or discussions with employees to identify areas that need improvement. 

Key Takeaways

Stress leave is a legal entitlement for employees facing physical and mental health challenges. As an employer, understanding and respecting these rights is vital. By being proactive in promoting a supportive workplace culture and addressing stressors, you can contribute to a healthier, more productive, and harmonious work environment. Remember, a happy and healthy workforce is the foundation of any successful business. 

At Progressive Legal, our team is dedicated to assisting with employment law concerns, offering valuable support to both employers and employees in safeguarding their rights and interests. When it comes to the topic of stress leave, our skilled workplace professionals are well-equipped to clarify the responsibilities and commitments of both employees and employers. 

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