So back to that Monday. I came out of that appointment in a depleted daze. I told my boss I had a migraine and left. Everything felt terrifying and overwhelming and raw. But the worst part was wondering what people at work would think. I later emailed my boss to tell him the truth. Admitting that to someone who I wanted to impress made me feel incredibly vulnerable.
So I hibernated. I only ventured out my bedroom cave for cigarette breaks and rum. Sorry, health fans. And for the first time in weeks I laughed because it was funny, not because I felt I should keep up a thinly veiled charade of happiness.
My new medication had started to kick in and I was starting to feel almost human again. There is a huge pressure in your twenties to have everything together. Firstly, well done for acknowledging it because as cheesy as it sounds, that is the first step.
Clappy hand emojis for you. Secondly, get yourself to the doctor as soon as possible. They should be able to refer you to a psychologist or counselling services. Then, do as my psychiatrist advised and get yourself home, sit in your bed and watch mindless films on Netflix. Yes, she really did prescribe that.
I feel like this allowed me to be honest without feeling too vulnerable. Also remember this is what your HR department is for, so utilise them where you can.
Typically, a sick note will set out the nature of the condition for which they have been absent from work, any prognosis period and whether or not a further assessment of fitness for work will need to be made at the end of this period.
The sick note will also often indicate what changes may need to be made by the employer to support a return to work, such as a phased return to work, together with amended duties or altered hours. By law, there is nothing to prevent an employer contacting employees during any period of absence for work-related stress.
In many cases, given the nature of the condition, employees may expect the employer to maintain some form of contact, either by way of email or telephone, not least to prevent any feeling of isolation. That said, there is a fine line between the employer being supportive and the employee feeling pressured into returning to work before they are ready and fit to do so. In particular, any contact when an employee is signed off work with stress should not be used to ask the employee to undertake any work-related tasks, and certainly not to deal with any potential disciplinary or grievance issues that may have arisen in consequence of work-related absence or otherwise.
If an employee has been signed off work with stress for more than four consecutive days, in most cases they will be entitled to statutory sick pay SSP as a minimum, or any contractual sick pay entitlement. They must also have notified the employer of the illness within any specified timeframe under the terms of the contract, or otherwise within 7 days. Many employers will make provision for sick pay by way of an occupational scheme over and above the statutory minimum.
If an employee has been signed off work with stress on a long-term basis, even with the support of their GP, the employer is not legally obliged to keep the job available on an open-ended basis for the employee. As such, it is entirely possible that an employer could pursue disciplinary action against the employee for being incapable of carrying out their job role due to long-term sickness.
In doing so, they must follow a fair process before making any decision to take punitive action such as a warning or dismissal. As part of the procedure, the employer should investigate and take professional advice on the underlying medical reasons for the absence. Needless to say, if any investigation reveals that the absence from work, on either a short-term or prolonged basis, is not stress-related, the employer might construe the absence as a form of gross misconduct for which the employee could be summarily dismissed without notice or pay in lieu of notice.
In contrast, where there is clear evidence that they are suffering from work-related stress, or even stress caused or contributed to by other factors, in circumstances where this amounts to a disability, the employer must not discriminate against the employee because of this. In this context, the employer should only look at dismissal as a last resort, first exploring how they can assist with a return to work by making reasonable adjustments within the workplace.
This could include, for example, allowing the employee to make a phased return to work, or undertaking amended duties and altered hours, such as part-time or flexi-work. That said, where the employer has made all reasonable adjustments but the employee is still unable to do the job due to a disability, the employer may be able to lawfully and fairly dismiss the employee. They will be classed as having a disability if they have a mental impairment that has a substantial and long-term negative effect on their ability to do normal daily activities.
However, where disputes arise as a result of stress-related absence, employers may be faced with:. Our employment lawyers and HR specialists work together to support employers with all forms of workforce management, including absence management, stress management and absence-related disciplinary action.
If you have any queries relating to an employee who has been signed off work with stress, we can help you understand your options to support the employee in recuperating and to ensure your best interests are protected should you be concerned about resolving the matter. For specialist advice for employers, speak to our experts. Employees who are too ill to attend work, whether through physical or mental illness, have the right to time off work to recover, and during this absence to be paid statutory sick pay for up to 28 weeks.
If you need extra help beyond reasonable adjustments, you can apply for an Access to Work grant. These pay for practical support so you can carry on doing your job or start a new one. Fit for Work offers free advice to people with a health problem who want to stay in or get back to work.
If you're unemployed and want to get back into work, staff at your local Jobcentre Plus can help. If you have ongoing mental health issues, ask to speak to their disability employment adviser.
If you have a mental health worker, they can also tell you about the support available to help people with mental health problems get back to work. A full-time paid job is not the only option open to you. There are other possibilities that may suit you, including part-time work or volunteering.
Volunteering is a popular way of getting back into work. Contacting your boss to say you need time off can be daunting. Will you be believed? Will your manager think you are faking it? But stress is treated, legally, in the same way as physical illness. Should you feel unwell due to stress, you should see your GP as soon as possible. Your GP will tell you how best to deal with your stress and how much time to take off work, if necessary.
This was statistically significantly higher than the previous period. The main work factors cited by respondents as causing work-related stress, depression or anxiety were workload pressures, including tight deadlines, too much responsibility, and a lack of managerial support.
This applies to any sickness, not just mental health issues. This includes non-working days, such as weekends and bank holidays. Your employer can take a copy of the fit note and you keep the original. While it may be a relief to hear that you can potentially receive SSP if you need to take extended sick leave for stress, the legal minimum you receive is not exactly generous.
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