Stress Leave From Work

Introduction

Stress is more than just a passing feeling. When left unmanaged, it can seriously affect your mental and physical health, along with your ability to function at work. That's why stress leave from work is valid and protected under Australian employment law.

Whether you live in NSW, Victoria or Queensland, knowing your rights around stress leave, how to access it and when to seek support are essential. Here's everything you need to know, from how to get a stress leave certificate to how Fair Work Australia views stress as a workplace health issue.

What is stress leave?

Stress leave refers to time off work granted when an employee is experiencing high levels of psychological stress that impact their ability to work. Workplace issues, like bullying, unrealistic workloads, toxic environments or personal circumstances, such as family problems or burnout, can cause this stress.

The effects of prolonged stress are well documented. You may find it difficult to concentrate, feel physically unwell or develop symptoms of anxiety or depression. If this sounds familiar, treating stress seriously and taking action early is important.

Is stress leave a sick leave?

The short answer is yes. Under Australian employment law, stress-related time off is generally treated as personal leave (called sick leave). This means if you're unwell due to psychological stress, you're entitled to use your paid sick leave entitlement. 

Employers may request medical evidence for your time off, which brings us to the importance of a medical certificate for work (often referred to as a 'stress leave certificate'). This certificate is your official confirmation that you are unfit for duty due to stress or related conditions.

Stress leave – Fair Work Australia guidelines

Under the stress leave Fair Work Australia guidelines, if you're a full-time or part-time worker and you're unwell or injured, you're entitled to take paid time off work. Full-time employees get 10 paid sick days each year, while part-time employees get a proportional amount based on their working hours. Any unused sick or carer's leave you have will accumulate and be available in the following year.

Importantly, you can request stress leave as long as you're experiencing a genuine mental health condition and have supporting documentation from a doctor. You don't need to go into extreme detail with your employer; a general stress leave certificate from a GP is usually sufficient.

What is WorkCover stress leave?

WorkCover stress leave is time off linked to an accepted psychological injury claim. It differs from regular stress leave from work, as it provides income support and medical treatment. To qualify, you'll need a diagnosis, evidence connecting your condition to work and a stress leave certificate.

Navigating stress leave and WorkCover compensation in your state 

Employees in New South Wales, Victoria and Queensland who are medically unfit for work due to stress can access paid personal leave under their sick leave entitlements, typically requiring a medical certificate. Additionally, if the stress is directly related to their work, they may be eligible to pursue a WorkCover or WorkSafe claim, which has its own specific requirements and processes in each state.

Stress leave in NSW

If you're taking a stress leave in NSW, you can use personal leave and request a medical certificate. For work-related cases, iCare (formerly WorkCover NSW) may approve a WorkCover stress leave claim if there's a formal diagnosis (e.g. anxiety, depression) and proof that work was the main contributing factor. Claims caused by reasonable management action are usually excluded.

Stress leave in Victoria

In Victoria, employees can access stress leave through sick leave with a valid certificate. WorkSafe Victoria may approve claims if there's a diagnosable psychological injury and evidence that work was a significant contributing factor. 

Stress leave in QLD

For stress leave in QLD, you should also use your personal leave first. WorkCover Queensland also requires a formal diagnosis and proof that work was a significant contributing factor in order to approve claims.

When to take stress leave

If you're constantly feeling overwhelmed, anxious or mentally exhausted, it's time to listen to your body. Here are some signs it might be time to take stress leave:

• You're struggling to sleep or concentrate

• Your emotional reactions feel out of control

• Work is making you feel physically ill

• You've lost motivation or interest in activities you usually enjoy

• You're experiencing burnout or compassion fatigue

Aside from work-related or more general stress triggers, external stressors such as social media can also affect mental health and wellbeing.

How to get a stress leave certificate online

You'll need a stress leave certificate from a registered medical practitioner to apply for stress leave from work. This can often be obtained after a telehealth consultation, especially if your symptoms are mild to moderate.

Platforms like Medical Certificates Australia offer quick access to Australian-registered doctors who can issue you a valid certificate for stress-related leave. Whether you need a medical certificate for work or even a medical certificate for carer's leave if you're supporting a loved one through mental health challenges, the process is fully digital and stress-free.

Disclaimer: This article provides general information only and does not constitute legal or professional advice. Workplace entitlements and workers' compensation laws can vary depending on your individual circumstances, employer policies and location. For advice specific to your situation, please consult a legal professional, your HR department or your union representative.