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Can an employee take time off for mental health reasons?

Mental health in the workplace is more important than ever—but what are an employer’s legal responsibilities when an employee needs time off? From discrimination laws to reasonable adjustments, the right approach can make all the difference. Here’s what you need to know.

Many forms of mental ill health are likely to be disabilities and employers will have a responsibility under the Disability Discrimination Act 1995 to ensure that employees are not subjected to disability discrimination. Mental health conditions can be classified as a disability if the condition has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities. 

Employers have a duty to make reasonable adjustments for employees with mental health conditions which meet this definition of disability. If an employee is absent due to a mental health condition, the employer must consider whether reasonable adjustments can help the employee return to work. Under the 1995 Act, an employer cannot dismiss or treat an employee unfairly because of a mental health condition. 

Employers could maintain wellbeing/equality policies to address mental health issues in the workplace, and ensure that line managers are equipped to help employees with mental ill health stay in employment. Mental health conditions should be treated with the same seriousness as physical health and any time off for mental health reasons should be managed fairly and consistently. The Equality Commission provides detailed guidance for employers and service providers on issues such as managing absence and reasonable adjustments for employees.

Employers should consider the benefits of Employee Assistance Programmes (EAPs) which can provide employees with help, support, and practical advice on issues that might be impacting their wellbeing and performance.