In the UK, employees are not specifically entitled to “mental health days” by law, but they do have the right to take sick leave for mental health reasons, just as they would for physical health issues. Employers must treat mental health issues with the same seriousness as physical health concerns. If an employee is unable to work due to a mental health condition, they should follow the company’s sickness reporting procedures. The proactive management of sickness absence is always advisable but such management must be done sensitively and fairly, in line with your organisation’s sickness absence management procedures.

It is essential to be mindful of potential disability issues to avoid unlawful discrimination.

The aim of any sickness absence management process should be to facilitate the employee’s return to work, if appropriate with reasonable adjustments such as a phased return or modified duties and conditions.