Mental Health Days and Annual Leave in Australia: Your Rights and Options

Published: January 2026 | Reading time: 9 minutes

Mental health has rightfully gained recognition as an essential component of overall wellbeing, and Australian workplaces are increasingly acknowledging the need for employees to take time off to protect and restore their psychological health. Whether you're experiencing burnout, dealing with anxiety or depression, or simply need a break to prevent mental health issues from developing, understanding your options for taking time off is crucial.

This guide explores how you can use annual leave and other leave types for mental health purposes, what rights you have under Australian law, and practical considerations for managing your mental wellness within the framework of workplace leave entitlements.

Understanding Mental Health Leave in Australia

Australia doesn't have a specific "mental health leave" category in its employment legislation, but this doesn't mean you're without options. Your existing leave entitlements, including both personal (sick) leave and annual leave, can be used for mental health purposes. The type of leave most appropriate depends on your situation, how you want to use the time, and your relationship with your employer.

Personal leave, commonly called sick leave, is available when you're unfit for work due to illness or injury. Importantly, this includes mental illness. If you're experiencing a mental health condition that prevents you from performing your job effectively, you're entitled to use your personal leave. Conditions such as depression, anxiety, acute stress, and burnout can all constitute being unfit for work, just as physical illnesses do.

Annual leave provides another avenue for protecting your mental health, particularly for preventative purposes. If you're feeling stressed but not yet at the point of being unable to work, taking annual leave for rest and recovery can help prevent a more serious mental health issue from developing. Many employees find strategic use of their annual leave balance helps them maintain mental wellness throughout the year. Use our annual leave calculator to understand how much leave you have available for this purpose.

Personal Leave vs Annual Leave for Mental Health

Choosing between personal leave and annual leave for mental health purposes involves several considerations. Personal leave is appropriate when you're genuinely unable to work due to mental health symptoms. If you wake up experiencing severe anxiety, depressive episodes, or overwhelming stress that prevents you from functioning at work, personal leave is the appropriate option. You're unfit for work, and that's exactly what personal leave covers.

Annual leave may be more appropriate when you need time for mental wellness activities that aren't directly related to being unfit for work. This might include taking a holiday to rest and recharge, attending to personal matters that cause stress, or simply taking planned time away from work pressures. Annual leave is also preferable if you want to avoid potential medical certificate requirements that may apply to extended personal leave.

Some employees prefer using annual leave for mental health days because it feels more private. Taking annual leave doesn't require disclosing health reasons to your employer, whereas personal leave may require explaining that you're unwell. If you're not comfortable discussing mental health with your employer, annual leave provides a no-questions-asked alternative, though it does reduce your holiday leave balance.

Your Rights and Employer Obligations

Australian employers have legal obligations regarding mental health in the workplace. Under work health and safety legislation, employers must take reasonably practicable steps to manage psychological hazards and risks in the workplace. This includes addressing factors that could harm mental health, such as excessive workload, harassment, or poor work design.

When it comes to leave, employers cannot discriminate against employees who take personal leave for mental health reasons. Your right to use personal leave for mental illness is the same as your right to use it for physical illness. Employers also cannot ask you to disclose the specific nature of your illness, though they may request a medical certificate for absences exceeding a certain period (usually two consecutive days).

If you're taking annual leave for mental health purposes, remember that employers cannot unreasonably refuse annual leave requests. While they may negotiate timing for operational reasons, a pattern of denying all leave requests could constitute unreasonable refusal and be challengeable. If your requests for time off are consistently declined and this is affecting your mental health, consider seeking advice from the Fair Work Ombudsman.

Practical Strategies for Using Leave Effectively

Taking time off for mental health is only beneficial if you use that time effectively. Simply being away from work doesn't automatically improve mental wellness, especially if you spend your time worrying about what's waiting for you upon return. Consider how you'll use your leave time to genuinely restore your mental health.

For planned annual leave aimed at mental wellness, structure your time to include activities that genuinely rejuvenate you. This might include spending time in nature, exercising, connecting with supportive friends and family, pursuing hobbies, or simply resting. Try to disconnect from work communications during your leave where possible. Set an out-of-office message and trust your colleagues to manage in your absence.

If you're taking unplanned personal leave due to acute mental health symptoms, focus on immediate self-care. Seek professional support if your symptoms are severe. Contact your GP, a mental health helpline, or a psychologist for guidance. Don't pressure yourself to "recover" immediately. Give yourself permission to rest without guilt. Use your personal leave for its intended purpose: getting well enough to return to work.

Consider whether your leave needs are becoming frequent or excessive. While taking occasional mental health days is normal and healthy, consistently needing time off may indicate underlying workplace or personal issues that require attention. Speaking with a mental health professional can help you identify whether you need longer-term support, workplace accommodations, or changes to how you work.

Having Conversations with Your Employer

While you're not obligated to disclose mental health reasons for taking leave, there may be situations where open communication with your employer benefits your situation. Some employers offer additional support to employees experiencing mental health difficulties, including Employee Assistance Programs, flexible work arrangements, or temporary workload adjustments.

If you choose to discuss mental health with your employer, prepare for the conversation. Consider what you want to share and what you want to keep private. Focus on how your needs relate to work rather than providing extensive personal details. Be specific about what support or accommodations might help you. Many managers want to support their team members but don't know how without clear guidance.

If you're not comfortable discussing mental health directly, you can still request what you need. For example, you can request annual leave without explaining why you need it. You can ask about Employee Assistance Programs without disclosing personal circumstances. You can discuss flexible work arrangements in terms of productivity and performance rather than health reasons.

Conclusion

Your mental health matters, and Australian workplace entitlements provide legitimate options for taking time to protect and restore it. Whether you use personal leave for acute mental health symptoms or annual leave for rest and prevention, taking time off for psychological wellbeing is a valid and important use of your entitlements.

Keep track of your leave balances so you know what options are available when you need them. Use our free annual leave calculator to understand your current entitlements. Remember that taking care of your mental health isn't an indulgence. It's an essential part of sustaining your ability to work and live well over the long term.