Yes, you can take personal leave for a mental health day in Australia. The Fair Work Act 2009 defines personal (sick) leave as leave for illness or injury — and that includes mental illness. If you are genuinely experiencing a mental health condition that prevents you from working, you are entitled to use your paid personal leave.
Key Takeaways
- Mental health conditions are illnesses under the Fair Work Act — the same rules apply as for physical illness.
- You can use your 10 days of paid personal leave per year for mental health days.
- Your employer can ask for evidence of your need for leave — a medical certificate from a GP or psychologist is valid.
- Taking a genuine mental health day is protected — your employer cannot discriminate or retaliate against you.
- Some employers offer dedicated mental health leave as a separate entitlement — check your policy.
What Does the Law Say?
The Fair Work Act does not distinguish between physical and mental illness. Personal leave is available when an employee is “not fit for work because of a personal illness or personal injury.” The Fair Work Commission has consistently held that mental health conditions — including stress, anxiety, depression, and burnout — fall within this definition.
The National Employment Standards provide:
- Full-time employees — 10 days of paid personal leave per year
- Part-time employees — 10 days of paid personal leave per year (pro-rated for hours worked)
- Casual employees — 2 days of unpaid carer’s leave per occasion, but no paid personal leave
These 10 days accrue progressively from year to year. Unused personal leave carries over, but as with physical sick leave, it does not pay out on termination.
Is a Mental Health Day Different from a Sick Day?
For legal purposes, no. A mental health day is sick leave — you are claiming personal leave because you are not fit for work. However, there are practical differences:
- Evidence — some employees find it harder to get a same-day medical certificate for a mental health day, particularly if they do not have a regular GP or psychologist
- Disclosure — telling your employer you need a mental health day requires a different kind of disclosure than a physical illness
- Stigma — despite legal protections, some employees worry about how mental health disclosures will be perceived
None of these differences change your legal entitlement. If you need the day off for your mental health, you are entitled to use personal leave.
Mental Health Programs by State
Some Australian states have introduced specific mental health leave provisions or programs:
- Victoria — the Mental Health and Wellbeing Act 2022 encourages employers to support mental health in the workplace
- New South Wales — the NSW Mental Health Commission provides resources for workplace mental health
- Queensland — some public sector roles include dedicated mental health leave provisions
- South Australia — the SA Public Sector has a Mental Health and Wellbeing Leave policy
These are primarily public sector initiatives. For most private sector employees, the entitlement remains through the standard personal leave provisions of the Fair Work Act.
How to Request a Mental Health Day
If you need a mental health day:
- Notify your employer as early as possible — ideally before your shift starts
- Use the right language — say “personal leave” or “sick leave” (you do not have to specify the nature of the illness)
- Provide evidence if required — a medical certificate from a GP or online consultation is acceptable
- Know your rights — you do not have to disclose details of your condition, only that you are unfit for work
You are not required to tell your employer that your sick leave is for mental health. The Act protects your privacy regarding the nature of your illness. However, if your employer has a supportive mental health policy, disclosing can help them understand patterns and offer support.
FAQ
Can my employer refuse a mental health day?
If you are genuinely unfit for work due to a mental health condition and you have personal leave available, your employer cannot refuse your request. They can, however, ask for evidence — just as they can for physical sick leave.
Do I need a medical certificate for a mental health day?
Your employer can ask for evidence. A certificate from a GP or psychologist confirming you are unfit for work is valid. If you have an existing mental health care plan, a certificate from your treating practitioner is acceptable.
What if I’ve run out of personal leave?
If you have exhausted your 10 days of paid personal leave, you can request unpaid personal leave. Your employer may approve this at their discretion. You can also request annual leave or consider a compassionate leave option if applicable.
Can I be disciplined for taking too many mental health days?
Employers can manage excessive absenteeism regardless of the cause — but they must follow a fair process and cannot discriminate against you for having a mental health condition. If your mental health absences are covered by medical certificates and you are following your employer’s notification process, the same protections apply as for physical illness.
Is there a separate mental health leave entitlement in Australia?
For most employees, no — mental health days are covered by personal (sick) leave. However, some employers offer dedicated mental health leave as part of their wellbeing programs. These policies are above the legal minimum and vary by employer. Check your employment contract, HR policy, or enterprise agreement to see if your employer offers this.