Mental Health Days at Work: Employers’ Guide

Mental health days at work refers to time taken off by employees to focus on their mental wellbeing, often as part of sick leave entitlement. While there is no specific legal framework for mental health days in the UK, employers have a duty under the Health and Safety at Work Act 1974 to protect both the physical and mental health of employees.

When employees feel stressed, overwhelmed or anxious, this can lead to disengagement from work, a decrease in productivity, and a rise in workplace absence, disputes and conflict. Likewise, employees suffering depression, panic attacks or other mental health issues can only benefit from time off dedicated to recovery.

Many employers are taking a proactive approach to reducing the risk of mental health issues, such as employee stress and burnout, with initiatives such as mental health days. Mental health days are becoming increasingly popular given the growing recognition of good mental health at work and as employers look to enhance their employer brand among job applicants.

Allowing mental health days can help reduce burnout, stress and absenteeism, while promoting a healthier, more productive workplace. However, employers need to consider several factors, including ensuring clear policies around sick leave and mental health support. Employees should also feel able to take mental health days without stigma or fear of repercussions, and employers must also be careful to maintain confidentiality and handle absence requests sensitively.

In this guide for employers, we take a practical look at mental health days and other ways employers can support employees’ mental wellbeing.

 

What is a mental health day?

 

A mental health day is time off work to allow the worker time to rest, relax and avoid burnout, with no questions asked by the employer. If an employee doesn’t feel well enough to come into work due to their mental health, they can use this time and space to decompress.

The purpose of a mental health day is to promote self-care and support employees in addressing mental health issues, allowing them to bring their most productive and positive selves to work.

 

Are employees entitled to mental health days at work?

 

In the UK, mental health days are not a specific legal right. However, under current employment law, employees are entitled to take time off for their mental health as part of their statutory sick leave entitlement, just as they would for physical illness.

Some employers use the term ‘duvet days’ to describe informal time off for wellbeing. Duvet days allow employees to take ad hoc leave without prior approval, and these days may not be deducted from annual leave or require formal sick leave processes. However, duvet days are entirely at the employer’s discretion and are usually part of specific workplace policies, not a legal entitlement.

To take a formal sick day for mental health reasons, employees must notify their manager that they are unwell, as required for any illness. Under UK law, they do not need to provide a reason for absences lasting 7 days or less and can self-certify. Longer absences require a GP’s fit note.

While mental health days may temporarily reduce productivity, supporting mental wellbeing can have significant long-term benefits. These include reduced stress-related absences, improved employee morale, greater engagement, and a healthier, more resilient workplace culture. Employers who promote mental health awareness are likely to see improved performance and reduced turnover.

 

Key considerations for employers

 

Employers are legally obliged to safeguard the health, safety and wellbeing of their workforce and to provide a safe working environment. This applies both to physical and mental wellbeing. Duvet days are becoming increasingly common as employers look to promote workplace mental wellbeing.

More employers are also offering mental health days to promote a more inclusive and supportive working environment, which also helps to enhance the organisation’s appeal among job applicants.

If you are considering allowing mental health days, it will be important to develop a policy that sets out the rules and expectations, and ensures fair and consistent use in areas such as:

 

• Notifying the employer: be clear on how, when and who the employee should inform of their duvet day.
• General ground rules: depending on the workplace and role, you may need to impose conditions such as having adequate team cover and ensuring deadlines are met. This may mean only allowing duvet days during certain periods or when other team members aren’t already on annual leave.
• How many days will you offer: most employers offer 2 or 3 duvet days per year. These could be taken from or be in addition to annual leave entitlement – you should make this clear in your policy. You should also be clear on whether mental health days are paid or unpaid.

 

While employees should be informed about the availability of mental health days, it’s helpful for employers to encourage employees to make the most of the time off work to reduce stress and improve mental wellbeing. This can be done by encouraging employees to set objectives for the day to help them feel they have accomplished something and taken maximum benefit from their time away from work.

Goals could be as simple as sleeping in and eating well. Sleep is a critical element of good mental health. Duvet days should be used to rest and allow the worker to benefit from a good night’s sleep and to nap if their energy levels are low, particularly in the afternoon. Encourage the worker to do something they enjoy and that makes them happy. It could be as simple as reading a book or going for a walk.

 

Promoting positive mental health at work

 

While mental health days are one way to help nurture a supportive and inclusive environment, employers should take a more strategic and comprehensive approach to have real impact on reducing burnout and stress and improving workplace mental wellbeing.

 

Risk assessment

 

Employers have a duty to ensure that, as far as possible, the workplace environment does not cause or exacerbate mental illness. Understanding if and how workers are at risk of workplace stress and mental health issues is the first place to start when devising an organisation-wide approach to mental wellbeing.

The Health and Safety Executive’s (HSE) ‘Stress Management Standards’ highlights workers, types of jobs or work environments which may indicate an elevated risk of harm to mental health.

 

Mental wellbeing policy

 

A mental wellbeing policy is an important tool in both promiting the importance of good mental health and ensuring consistent and correct implementation of mental wellbeing tools and initiatives. The policy should cover matters such as how to request time off for mental health, how many mental health days employees can take a year, who the policy applies to – eg employees but not contractors – and signpost to professional support such as any available Employee Assistance Programme.

It will be important to promote the policy so that employees are aware of the support available and that they feel comfortable asking for help or taking time off for their mental wellbeing.

 

Cultural change

 

Stigma still remains around mental health. Efforts should be made to reduce any embarrassment for employees asking for help. This could involve a wider campaign to change mindsets around mental wellness and communicating to the workforce that there is no shame in prioritising mental health by taking a duvet day.

Employees should be encouraged to talk about their mental health and if mental health days are offered – to take time off when needed.

Managers should be sympathetic, accommodating and avoid using stigmatised language. They ashould also be informed on how to signpost employees to professional support.

Management should also lead by example and demonstrate good self-care for their own mental wellbeing.

The result will be a more understanding and nurturing organisational culture, and a more engaged and productive workforce.

 

Occupational health

 

Provision of occupational health services such as through an Employee Assistance Programme, can be highly effective in dealing with stress and other mental health problems as it can provide immediate access for employees to professional support.

 

Training managers

 

Managers are in the best position to monitor the wellbeing of their team and recognise when they may be struggling and need a mental break. Training managers on how to spot potential employee stress and or mental wellbeing issues can help to build a supportive culture and working environment.

Signs often include:

 

• Chronic fatigue – feeling tired is a common complaint of modern life, but if someone is complaining of chronic fatigue without any obvious cause (such as caring for a young child), they may be suffering mental or emotional issues.
• Decreased productivity – if a manager notices an individual’s productivity is declining on a sustained basis, and there is no obvious reason why, there should be a discussion to understand if there are any problems and if the organisation can provide support.
• Over-reliance on caffeine or stimulants – if a team member seems to only be to function with potentially excessive consumption of stimulants such as coffee or energy drinks, there may be an underlying problem.
• Difficulty focusing – this is when someone is noticeably losing focus or concentration or seems distracted on a frequent basis.
• Behaving out of character – if someone is struggling with their mental health or is mentally exhausted, they may start to act out of character; they may become less tolerant or resilient and seem more emotional than usual.

 

Managers are not expected to resolve the issues or to provide mental health advice – it is more about recognising when someone seems to be struggling, knowing how to talk to them, showing empathy and signposting to appropriate professional support.

 

Role of HR

 

Depending on the culture of the organisation and the individual relationships between managers and their team members, people may feel more comfortable taking to HR about mental health issues. HR should therefore lead the way in being trained and informed in supporting open discussions about mental wellbeing.

 

Monitor progress

 

Supporting mental wellbeing is an ongoing concern. To understand the impact of your organisation’s efforts, ensure effective records are kept of duvet days taken and compare these against data for sickness absence levels, staff retention and attrition rates and performance metrics.

Also take regular feedback from your workforce on how supported they feel and if there is more or anything different you could be doing to help promote positive mental wellbeing.

 

Need assistance?

 

For expert advice on supporting mental health matters in the workplace, contact our HR specialists.

 

Mental health at work day FAQs

 

What are mental health days at work?

Mental health days are time off taken by employees to rest, recover, and address their mental wellbeing. They are typically treated as part of sick leave entitlement.

 

Are mental health days a legal entitlement in the UK?

There is no specific legal right to “mental health days.” However, under UK law, employees can take sick leave for mental health reasons, such as stress, anxiety, or depression.

 

Do employees need to provide proof for mental health days?

If an employee is off for seven days or less, they do not need to provide a doctor’s note and can self-certify their absence. For longer absences, a fit note from a GP may be required.

 

Can mental health conditions be considered a disability?

Yes, under the Equality Act 2010, a mental health condition that has a substantial and long-term impact on daily activities may qualify as a disability. Employers must make reasonable adjustments to support affected employees.

 

How can employers support mental health days?

Employers can foster a supportive culture by encouraging open discussions, providing employee assistance programmes (EAPs), and training managers to recognise and address mental health concerns.

 

Is it discriminatory to deny mental health days?

Refusing leave for mental health reasons while allowing time off for physical illnesses could breach equality laws, as mental and physical health should be treated equally.

 

What are the benefits of mental health days for employers?

Supporting mental health days can reduce absenteeism, improve employee morale, and enhance productivity by creating a healthier, more balanced workforce.