🧠 Mental Health Leave: A Toolkit for UK Employees

💬 Why This Matters

Mental health struggles are valid. Taking time off to recover is not a luxury — it’s your legal right! Taking time off to recover from a mental health condition is protected by UK employment law — if your GP (or you, for short-term leave) confirms that you're unfit to work.

This toolkit helps you understand your rights and protections while off sick, especially if your condition is related to mental health.

1. You Have the Right to Sick Leave for Mental Health

Mental health is treated the same as physical health under UK employment law.

• If you're unwell, you are entitled to take time off sick.

• No need to share personal details — a fit note from your GP after 7 days is enough.

• Less than 7 days off? You can self-certify by informing your employer.

• Your company should have a sickness absence policy that outlines the process — ask for it if needed.

2. Staying in Touch During Sick Leave

Especially during long-term absence, it's important to maintain respectful and appropriate contact. You and your employer should agree on:

• How often to communicate (e.g., weekly, monthly check-ins)

• How to communicate — email, phone, or in-person (if comfortable)

• Who you’ll stay in contact with — typically your manager or HR

⚠️ Contact should never feel pressuring. If communication causes distress, you can request a change in approach.

3. Sick Pay – What You’re Entitled To

✔️ Statutory Sick Pay (SSP)

• £116.75/week (2024–25 rate)

• Paid for up to 28 weeks

• Begins after 4 consecutive sick days

• Requires a fit note if off for 7+ days

📌 Check your contract to see if your employer offers Occupational Sick Pay, which may be more generous than SSP.

4. You Keep Building Up Holiday While Off Sick

Your right to statutory annual leave (5.6 weeks) continues even while you’re on sick leave.

· Applies to all contract types, including; part-time, zero-hours, agency workers.

· If you’re too ill to take your statutory annual leave, you have the legal right to carry it over into the next leave year.

5. You Can Take Holiday While on Sick Leave

Yes, you’re allowed to request paid holiday even while signed off sick.

Reasons you might do this:

• To receive full holiday pay instead of Statutory Sick Pay (SSP)

• To use up annual leave before it expires

• To take a short break if you're feeling mentally well enough

✅ Your employer:

• Cannot force you to take holiday while you’re off sick

• Cannot unreasonably refuse your request to take holiday while on sick leave

📌 As long as you follow the usual notice rules (typically giving notice of twice the length of the leave), you are legally allowed to take annual leave during sick leave.

⚠️ If your employer tells you “you can’t take holiday while you’re sick,” you can politely inform them that under the Working Time Regulations, you are entitled to do so — and you may wish to follow up in writing.

6. You Are Protected by Law

If your mental health condition is long-term and affects your daily life, it may count as a disability under the Equality Act 2010. This gives you the right to:

• Reasonable adjustments at work (e.g., reduced hours, different duties)

• Protection from discrimination or unfair treatment

• Raise a grievance if procedures are not followed properly

7. Returning to Work After Mental Health Leave

When you’re ready to return, your employer should handle it sensitively and in line with their policy and UK employment law.

Helpful return-to-work practices include:

• A phased return to work (e.g., shorter hours or fewer days to start)

• A return-to-work meeting to check how you’re feeling and what support you need

• Temporary role changes or adjustments to workload

⚠️ If your employer does not follow their own sick leave policy or support your return appropriately, you are entitled to raise a formal grievance.

8. Keep Records

Protect yourself by keeping copies of:

• Fit notes and medical letters

• Emails to and from your manager or HR

• Notes from check-ins or return-to-work meetings

• Any concerns or complaints you raise

This documentation will help you if you need to escalate the matter later.

7. Helpful Resources

• Statutory Sick Pay (SSP) official guidance

• Holiday calculator

• Equality Act 2010 – Overview

• ACAS free helpline: 0300 123 1100

• Mind (mental health charity)

• Citizens Advice

💙 Final Word: You Are Not Alone!

Taking time off for your mental health is not failure — it’s strength. Your rights protect you. Your recovery matters. And you deserve support, and a safe return to work!

Asude Muftuoglu

Career & Wellbeing Coach