Wanting to take a day off is normal. We all have to deal with stress at work, and taking a step back to recharge is actually a great idea. But… Are employers required to give mental health days?
In some countries, giving a mental health day for employees is a legal request, but beyond that, they are a way for HR professionals and managers to promote work-life balance and prevent burnout within the company. Let’s discover benefits and strategies.
Mental Health Day Explained
Let’s start from the beginning. What’s the difference between holidays and a mental health day for employees? Well, a holiday is a legally required designated period of time when an employee is granted time off from their job duties. On the other hand, mental health days are a form of leave specifically designated for employees to prioritize their mental well-being.
Unlike traditional sick leave or vacation days, mental health days for work focus solely on addressing emotional and psychological needs rather than physical ailments or leisure activities. And here’s the tricky part.
What would an employee do on a mental health day? Is it really different from a day of vacation? The truth is there’s no exact or correct answer. Everybody has the right to enjoy their time-off the way they consider it the best.
For mental health reasons, one employee could benefit from a short trip to the beach, while another one could prefer staying home and resting. Either way, your concern as HR professional or manager is being able to provide this mental health day policy to your team.
Is Offering Mental Health Days Required by Law?
To put it simply, there is no law in the UK or The US that specifically makes Mental Health Days at Work mandatory. However, the general responsibilities regarding employee mental health and support vary by region.
For example:
- United Kingdom: Employees can take sick leave for mental health reasons, as manymental health issues are treated the same as physical health issues under sick leave policies. The Equality Act 2010 protects employees from discrimination based on mental health conditions and requires employers to make reasonable adjustments for those affected (We will explore this topic more in the next sections)
- Australia: The Fair Work Act 2009 entitles employees to take personal leave for illnesses, which includes mental health conditions. This means employees can use their sick leave entitlements for mental health days.
- United States: There is no federal mandate for paid mental health days. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave for serious health conditions, which can include mental health issues requiring inpatient care or continuing treatment by a healthcare provider. Additionally, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with mental health conditions that qualify as disabilities.
- Germany: In Germany, mental health conditions are treated equivalently to physical health issues under the country's sick leave policies. Employees are entitled to up to six weeks of full salary continuation during illness, whether the condition is mental or physical. After this period, statutory health insurance provides a sickness benefit, which is a percentage of the employee's salary.
- Brazil: Brazilian labor laws recognize mental health conditions as valid reasons for sick leave. Employers are responsible for paying the employee's salary during the first 15 days of absence due to illness. If the leave extends beyond this period, the National Institute of Social Security (INSS) assumes responsibility for providing a sickness benefit to the employee.
- Spain: In Spain, mental health issues are acknowledged within the framework of general sick leave policies. Employees experiencing mental health challenges that render them unable to work are entitled to sick leave, during which they receive financial support. The exact amount and duration of this support can vary based on factors such as the nature of the employment contract and collective bargaining agreements. Recent legislative changes have expanded family leave entitlements, allowing employees to take time off for urgent and unforeseen family issues.
To summmarize, mental health days are not part of many legal requirements, but employee mental health is. Below you will find the pros and cons of offering these days, you will notice that, even if is not 100% required by law, they do offer attractive benefits for employers and employees.
Pros and Cons of Offering Mental Health Days
Companies offering mental health days have to face a challenge: compensating the time an employee is away. However, the benefits of having a mental health day policy are also significant. Take a look at the pros and cons of this initiative:
If you notice carefully, the cons of having mental health days for work are actually quite manageable. You just need to develop clear policies and guidelines, consider the distribution of work to avoid overwhelming other employees, and work on a culture of open communication to avoid abuses of this benefit.
And if you aren’t fully convinced yet, consider the following stats from the World Health Organization:
- Depression and anxiety cost the global economy US$ 1 trillion each year predominantly from reduced productivity.
- 15% of working-age adults live with a mental disorder.
- 12 billion working days are lost every year to depression and anxiety.
It's important to mention that the lack of mental health support can turn a person into a disgruntled employee. To learn how to deal with angry employees as a manager, please read out blog on the matter.
Best Practices for Introducing Mental Health Days at Work
While mental health days may not always be legally required, offering them as part of your company’s well-being strategy can make a huge difference. Here’s how to introduce them effectively:
Normalize Mental Health Conversations
Fostering an environment where mental health discussions are open and stigma-free is crucial. A survey by the American Psychological Association (APA) found that 92% of employees believe it's important to work for an organization that values their emotional and psychological well-being. You can set the tone by sharing your own experiences and encouraging dialogue, making employees feel supported and understood.
Define Clear Guidelines
Establishing a well-structured mental health day policy ensures employees understand how to utilize this benefit. Clearly outline:
- Who is eligible to take mental health days (e.g., full-time, part-time, contract employees).
- The process for requesting time off.
- How many mental health days employees can take per year (e.g., one per quarter, a set number annually, or unlimited within a reasonable limit).
- How it integrates with existing leave policies
- If mental health leave counts as paid or unpaid time off.
- Compliance with local labor laws and company policies.
- Whether employees need to provide any justification for their absence or if a simple request is sufficient.
- Confidendiality at all levels
- Information on additional resources available (Employee Assistance Programs (EAPs), therapy sessions, or wellness coaching.)
Transparency in these guidelines helps in building trust and encourages employees to take advantage of mental health days without hesitation.
Schedule Company-Wide Well-being Days
Consider implementing company-wide mental health days where the entire organization (or specific teams) shuts down for a day or for a specific time. This ensures no one feels the pressure to work while others take time off.
It also promotes the conversation, and increases the sense of belonging and camaraderie.
Ensure Managerial Support
Train managers to recognize signs of burnout and stress, encourage open conversations, and respect mental health day requests without judgment. This type of personalized training helps you to act promptly; sometimes, employees fear discussing these topics openly, so when you are trained to notice who is struggling and know what to do, the chances of elevating the situation diminish.
Encourage Restorative Use of Time
Provide guidance on how to make the most of mental health days, whether it’s disconnecting from work, engaging in mindfulness activities, or seeking professional support.
It is important to consider that mental health days at work exist for employees to disconnect, recharge, and feel better. How they choose to do so it's their choise, but it is advisable to promote mental health best practices to ensure the efficency of this time off.
Considerations for a Mental Health Sick Leave Policy
To create an effective policy, companies must balance legal compliance, workplace culture, and employee well-being while maintaining operational efficiency. Below, you will find common questions that can help you structure a better mental health policy for work:
How Should Employees Inform Employers?
Employees should notify their employers about the need for mental health leave as soon as possible. For foreseeable situations, such as scheduled therapy sessions, providing at least 30 days' notice is advisable. In unforeseen circumstances, employees should inform their employer promptly, following the company's standard procedures for reporting absences. Clear communication ensures that both parties can make necessary arrangements and maintain a supportive work environment.
Since there is no legal requirement that determines when and how employees should inform this, is up to you to decide the best practices for both, employers and employees.
How Much Time Off Work do Employees Get For Mental Health Leave?
The duration of mental health leave varies based on company policies and applicable laws. Under the Family and Medical Leave Act (FMLA) in the United States, eligible employees are entitled to up to 12 workweeks of unpaid, job-protected leave per year for serious health conditions, which include mental health issues.
Employers may also offer additional leave options or short-term disability benefits; thus, it's essential to consult your organization's specific policies. It is advisable to first choose a particular set of days (preferably already determined in the policy) and check in on the person's well-being after they end.
How Much do Employees Get Paid on Mental Health Leave?
Payment during mental health leave depends on the organization's policies and legal requirements. FMLA leave is typically unpaid; however, employees may use accrued paid leave, such as sick days or vacation time, concurrently with FMLA leave to receive compensation.
Some employers offer paid mental health leave or short-term disability benefits that provide partial wage replacement during the leave period. Review your company's leave policies and benefits to understand the compensation available during mental health leave.
What’s The Best Way to Keep in Touch With an Employee During Mental Health Leave?
Maintaining appropriate communication with employees on mental health leave is vital for their reintegration and well-being. Employers should:
- Establish Preferred Communication Methods: Discuss and respect the employee's preferred mode and frequency of communication, whether via email, phone, or other means.
- Provide Supportive Check-Ins: Offer periodic, non-intrusive check-ins to express concern and provide updates, ensuring the employee feels valued and connected without feeling pressured.
- Discuss Return-to-Work Plans: As the return date approaches, collaborate on a reintegration plan that may include flexible scheduling or workload adjustments to facilitate a smooth transition back to work.
Companies Offering Mental Health Days to Employees
Many companies of all sizes are promoting mental health in the workplace. Their time-off policy is, to our consideration, top notch, and we wanted to show some examples to inspire your organization to follow their steps.
- Netflix: They offer one of the most complete and interesting mental health day policy. Not only do they allow their team to go on a holiday when they need it, this policy also includes mental health leave reasons, access to coaching services, and mindfulness resources for work.
- Duolingo: The famous language app also pays attention to their employees’ well-being through a comprehensive policy, including: access to wellness programs, therapy sessions, unlimited sick time, flexible work schedules, and 20 days of PTO.
- Nike: This brand is not only famous for their products and partnerships, but also for their work benefits. Some of them are: inclusive hiring processes, access to EAPs, free therapy and coaching sessions, workplace flexibility and generous time-off (they even let their US employees take a week off for mental health reasons!)
- LinkedIn: In an effort to improve the well-being of their employees, LinkedIn not only offers the chance to take individual time off, but they also give a paid week off to their team to support their mental health and reduce burnout.
- NerdWallet: This financial services company provides four self-care days annually, during which all employees take the same days off to rest and recharge. This collective approach ensures that no one feels left behind or returns to an overflowing inbox. Their mental health day off policy is an example of prioritizing employee well-being in a proactive and equitable manner.
- Drip: Drip offers an annual "Rest & Recharge" week every August, allowing employees to take time off simultaneously to rejuvenate. Additionally, they provide unlimited vacation and unplanned sick time, offering flexibility to address mental health needs as they arise. This initiative is an innovative take on mental health PTO, giving employees autonomy in managing their well-being.
- Intuit: Intuit is among the companies that offer mental health days to their employees, recognizing the importance of mental well-being in maintaining a productive workforce. Their practices align with a progressive mental health day off policy that encourages rest and recovery for employees as needed.
- Signal Advisors: This company provides full-time team members with up to 10 paid health days each calendar year. By referring to them as "health days" rather than "sick days," Signal Advisors encourages employees to take time for their overall well-being, including mental health, without stigma. Their inclusive approach could serve as a model for mental health day off laws in the future.
- Microsoft: Microsoft offers a variety of mental health resources, including access to counseling services and support groups. The company encourages employees to take time off as needed to manage their mental health, fostering a supportive environment that acknowledges the importance of mental well-being. With flexibility in taking mental health PTO, Microsoft empowers employees to prioritize their mental health effectively.
- Nike: In August 2021, Nike gave its employees a week off to prioritize mental health. The sportswear giant closed its corporate offices for a full week, allowing employees to rest and recover from the pressures of work, acknowledging the importance of mental health and the need for downtime.
6 Reasons to Offer Mental Health Days
Now, to end this article, we want you to check 6 essential benefits of implementing mental health days for work:
- Prioritize Employee Well-being: Offering mental health days demonstrates a commitment to prioritizing employee well-being, fostering a supportive work culture that values mental health as much as physical health. Evidence shows that organizations that prioritize employee well-being experience higher levels of employee satisfaction, engagement, and retention.
- Prevent Burnout and Stress: Regularly scheduled mental health days provide employees with an opportunity to recharge, burnout prevention, and stress-related illnesses. Research indicates that burnout is a prevalent issue in today's workforce, leading to decreased productivity, increased absenteeism, and higher turnover rates.
- Enhance Productivity and Performance: By promoting mental well-being, employers can enhance employee productivity, creativity, and performance. Studies have found that employees who take regular breaks to prioritize their mental health are more focused, motivated, and resilient in the face of challenges, leading to higher levels of job satisfaction and organizational success.
- Reduce Absenteeism and Presenteeism: Offering mental health days can help reduce absenteeism and presenteeism by providing employees with a proactive means of addressing their mental health needs. Research shows that presenteeism, where employees come to work despite being unwell, can have detrimental effects on productivity and overall workplace morale.
- Attract and Retain Talent: Organizations that offer mental health days are more attractive to top talent and have higher rates of employee retention. Studies have found that employees are more likely to stay with employers who prioritize their well-being and offer benefits such as mental health days, contributing to a positive employer brand and competitive advantage in the marketplace.
- Legal and Ethical Obligations: Are employers required to give mental health days? Not everywhere, but they have a legal and ethical obligation to provide a safe and healthy work environment for their employees, which includes addressing mental health concerns. Failure to accommodate mental health needs and provide resources such as mental health days may lead to legal repercussions and damage to the organization's reputation.
Key Takeaways
- Prioritizing employee well-being through mental health days fosters a supportive work culture and boosts satisfaction and retention.
- Mental health days prevent burnout, stress-related illnesses, and decrease productivity, absenteeism, and turnover rates. This makes them one of the cheapest benefits package for small business.
- Promoting mental well-being through mental health games and activities for workplace enhances productivity, creativity, and resilience, leading to higher job satisfaction and organizational success.
- Organizations that provide mental health days attract top talent, retain employees, and cultivate a positive employer brand and competitive advantage.
- While not required everywhere, employers have a legal and ethical obligation to address mental health concerns, including providing mental health support and accommodations.
Offering Mental Health Days To Your Employees: FAQs
How do mental health days differ from traditional sick days or vacation days?
Mental health days focus on emotional and psychological well-being, unlike sick days or vacations, which primarily address physical health or leisure activities. Please note that a “stress leave” could be both considered as a traditional sick day and a mental health day.
How frequently should employees be allowed to take mental health days?
The frequency of mental health days depends on individual needs and organizational policies, typically granted on an as-needed basis. Our advice is to evaluate this frequency on all levels, and adapt it accordingly to both, the company and the employee benefit.
Are there any legal requirements employers should be aware of in terms of Mental health days?
Legal requirements for mental health days vary by jurisdiction, with some countries mandating provision and others leaving it to employer discretion.
Can employers require employees to provide documentation for taking a mental health day?
Employers may request documentation for mental health days if outlined in company policy, but excessive requirements can discourage employees from seeking support. Also, it is advised to develop trust and open communication to talk about these topics at work, so we would advise you to, at least, consider not requesting much documentation at the beginning (unless the requested time-off is particularly long).
What alternatives can employers support employee well-being besides mental health days?
Employers can offer wellness programs, flexible work arrangements, counseling services, and promote a culture of work-life balance to support employee well-being. Meditopia can support your employees with Meditopia For Work services, including coaching, mindfulness, yoga, and SOUL, our AI mental health assistant.
