There is no statutory right to "mental health days" in UK law. Mental health absence is treated as sick leave, with SSP payable from day one since 6 April 2026. The Equality Act 2010 creates a reasonable adjustments duty where the condition qualifies as a disability. Some employers offer discretionary wellbeing days as a separate benefit. A clear policy sets out all three positions and protects both employer and employee.
The three legal frameworks
When an employee is struggling with their mental health at work, three distinct areas of law are engaged. Understanding them separately is the starting point for any sound policy.
Duty of care
Under the Health and Safety at Work etc. Act 1974, employers must take reasonably practicable steps to protect employee health, safety and welfare. The HSE Management Standards set out six areas of work design that can cause stress: demand, control, support, relationships, role, and change. Work-related stress is a health and safety issue, not a personal failing.
Sick leave and SSP
Mental health conditions are treated identically to physical conditions for sick leave purposes. When an employee is too unwell to work, the sickness absence process applies: self-certification for up to seven calendar days, a fit note after that, and SSP payable from the first qualifying day since 6 April 2026 at the lower of £123.25 per week or 80% of average weekly earnings.
Equality Act 2010
A mental health condition is a disability under the Equality Act 2010 if it has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Long-term means 12 months or expected to last 12 months. Where this test is met, employers must make reasonable adjustments and are protected from claims of disability discrimination.
An employee with a long-term anxiety disorder is simultaneously unwell (sick leave rules), potentially disabled (Equality Act obligations), and a signal that the employer should check whether work demands are contributing (duty of care). A mental health policy needs to address all three, not just the sick leave process.
Sick leave, self-certification and SSP
When an employee is unable to work because of a mental health condition, the standard sickness absence process applies. There is no separate process for mental health: depression, anxiety, burnout, or any other mental health condition is treated in exactly the same way as a physical illness.
Self-certification and fit notes
For absences of up to seven calendar days (including weekends), employees can self-certify. They do not need to provide a letter from a GP or any other medical evidence. After seven calendar days of continuous absence, a fit note from a GP or authorised healthcare professional is required. The fit note will state the employee is either "not fit for work" or "may be fit for work" subject to specified adjustments such as amended duties or flexible hours.
Requiring a sick note or a letter from a GP within the first seven calendar days is not supported by HMRC guidance for SSP purposes and is not best practice. Employees self-certify for short absences. Asking for early evidence for mental health absences, but not physical ones, could also be discriminatory.
SSP from 6 April 2026
Under the Employment Rights Act 2025, Statutory Sick Pay changed significantly from 6 April 2026. The key changes all apply to mental health-related absence in the same way they apply to any other sickness:
For employees earning less than £154.06 per week, SSP is paid at 80% of their average weekly earnings rather than the flat rate. For those earning more, the £123.25 cap applies. The full calculation method is covered in the SSP 2026 employer guide.
Mental health absence and the Bradford Factor
Many employers use the Bradford Factor to flag patterns of short-term absence. Before applying any trigger automatically to mental health absences, check whether the underlying condition may be a disability under the Equality Act 2010 (see below). Automatic application of a trigger without considering disability can constitute discrimination arising from disability under section 15 of the Act.
Discretionary wellbeing days
A growing number of UK employers offer "wellbeing days" or "personal days" as a separate benefit alongside sick leave. These are entirely discretionary: there is no statutory requirement to offer them. If your organisation does offer them, a clear policy definition is essential.
| Feature | Sick leave (mental health) | Discretionary wellbeing days |
|---|---|---|
| Legal basis | Employment Rights Act 1996 · Health and Safety at Work etc. Act 1974 | Employer discretion only |
| When to use | When too unwell to work | Preventively, without illness (if offered) |
| Reason required? | No (self-certify) · GP fit note after 7 days | No (by design, if so set in policy) |
| SSP applies? | Yes, from day one | No (not sickness) |
| Counts as sickness absence? | Yes · may trigger Bradford Factor review | No · must not count against sickness record |
| Number available | No limit (up to 28 weeks SSP) | Set by employer (typically 1 to 5 per year) |
The key rule: if you offer wellbeing days, make it explicit in your policy that they are not sickness absence. An employee who takes a wellbeing day should not have it recorded against their sickness record and it should not trigger any absence management process. If on the day an employee is genuinely too unwell to work, sick leave applies instead.
Employers who record wellbeing days as sick leave, or who expect employees to explain them in return-to-work meetings, undermine the benefit. The value of a wellbeing day is that an employee can take it without stigma, without a conversation, and without a count on their absence record. Build those protections into the policy from the outset.
Book Time Off lets you create a dedicated wellbeing day leave type alongside annual leave and sickness. Requests go through the same one-click approval flow, balances stay accurate, and wellbeing days never bleed into the sickness record. Days used and days remaining visible at a glance.
Try free for 30 days →Equality Act 2010 obligations
A mental health condition is a disability under the Equality Act 2010 if it meets two tests:
- Substantial adverse effect: the condition has more than a minor or trivial effect on the employee's ability to carry out normal day-to-day activities
- Long-term: the condition has lasted, or is expected to last, at least 12 months (or for the rest of the person's life)
Conditions such as severe depression, anxiety disorders, PTSD, bipolar disorder, and schizophrenia regularly meet this test. An employee does not need to have been absent for 12 months: a condition newly diagnosed but expected to last 12 months is already long-term from the start.
What the duty to make reasonable adjustments means in practice
Where an employee's mental health condition is a disability, the employer must make reasonable adjustments to remove or reduce the substantial disadvantage the employee faces. What is "reasonable" depends on the facts: the size of the employer, the cost, the disruption, and the benefit to the employee. Common reasonable adjustments for mental health conditions include:
Discrimination arising from disability
Section 15 of the Equality Act 2010 prohibits an employer from treating an employee unfavourably for a reason arising in consequence of their disability, unless that treatment can be justified as a proportionate means of achieving a legitimate aim. In practice this means: disciplining an employee for disability-related absence, dismissing them for poor attendance that is explained by their disability, or applying a performance improvement plan for work affected by a mental health condition, all carry significant legal risk unless reasonable adjustments have first been considered and, where reasonable, put in place.
An employee does not have to prove a diagnosis or provide a letter confirming disability to engage the reasonable adjustments duty. Where the employer is on notice that the employee may have a condition that could amount to a disability (for example because a fit note mentions depression, or the employee has disclosed an anxiety disorder), the duty can be engaged. When in doubt, discuss adjustments with the employee and document the conversation.
Why a written policy matters
A written mental health policy does three practical things for the employer:
- Sets consistent expectations. Managers who do not know the rules treat similar situations differently, which creates grievance and discrimination risk. A policy tells every manager exactly what to do.
- Reduces stigma. Publishing a policy signals that the employer takes mental health seriously. ACAS guidance emphasises that creating a culture where employees feel safe to disclose is more effective at managing mental health absence than punitive absence policies alone.
- Provides legal protection. If an employment tribunal claim arises, a documented policy showing the employer's process for reasonable adjustments, for the Bradford Factor, and for return to work is strong evidence of a fair and lawful approach.
The sickness absence policy template on this site covers the full absence management process, trigger points, and return-to-work procedures. This mental health policy sits alongside it: use the sickness absence policy for the general process and this policy for the mental health-specific obligations, particularly the Equality Act duty and any wellbeing day benefit.
Copy-and-paste policy wording
The clauses below cover the statutory minimum and the most common discretionary enhancements. Fill in the bracketed fields, choose between the options marked with a forward slash, remove the drafting notes, and delete the optional clauses that do not apply before issuing. Prefer to edit in Word? Download the template below first.
Mental health days and wellbeing policy template (UK)
The full 14-clause policy as an editable Word document. Add your details to the bracketed fields, read the drafting notes, then delete them before issuing.
- 14 clauses covering all three legal frameworks
- Separate sick leave and wellbeing day clauses
- Equality Act reasonable adjustments wording
- Blue placeholders for your company details
- Drafting notes explain the choices only you can make
1. Purpose and scope
This policy sets out [Company name]'s approach to mental health at work. It covers: the Company's duty of care; how mental health conditions are treated under the sickness absence process; any discretionary wellbeing day benefit; and the Company's obligations under the Equality Act 2010. It applies to all employees. Workers and self-employed contractors should refer to their agreement for any applicable provisions.
2. The Company's commitment to mental health
[Company name] is committed to creating a working environment that supports the mental health and wellbeing of all employees. The Company recognises that mental health problems are common, that they can affect anyone, and that early and appropriate support benefits both the employee and the organisation. The Company will work to reduce stigma and respond supportively when an employee is struggling.
Drafting note: Consider referencing any specific initiatives here (mental health first aiders, EAP, wellbeing champions). Delete this note before issuing.
3. Mental health and sick leave
Mental health conditions are treated in the same way as physical health conditions for sickness absence purposes. If an employee is too unwell to work because of a mental health condition, they should notify their manager as early as possible on the first day of absence [or in accordance with the Company's notification procedure]. This is sickness absence and will not be treated as a performance matter or disciplinary issue.
4. Self-certification and fit notes
For absences of up to seven calendar days, the employee may self-certify [by completing the self-certification form / confirming the absence by email to their line manager]. No medical evidence is required during this period. For absences lasting more than seven calendar days, the employee must obtain a fit note from a GP or authorised healthcare professional. The Company will consider any adjustments noted on the fit note and discuss them with the employee before their return.
5. Statutory Sick Pay
Employees who are too unwell to work because of a mental health condition may be entitled to Statutory Sick Pay. From 6 April 2026, SSP is payable from the first qualifying day of sickness absence at the lower of £123.25 per week or 80% of average weekly earnings, for up to 28 weeks. The Company will administer SSP in accordance with the current statutory rules.
[Optional: The Company offers contractual sick pay of [X weeks at full pay / X weeks at half pay] to employees who have completed [X months' service], subject to the absence being verified by a fit note where required and the employee following the notification procedure. This is inclusive of any SSP entitlement.]
Drafting note: Include the optional clause only if you offer enhanced sick pay. Specify the qualifying period, rate, and duration to avoid disputes. Delete this note before issuing.
6. Discretionary wellbeing days
[Option A: The Company does not currently offer discretionary wellbeing days as a separate benefit. Employees who need time off for mental health reasons should use the sickness absence process.]
[Option B: The Company offers [X] paid wellbeing day(s) per leave year to all employees who have completed [X months' service]. Wellbeing days may be taken without giving a reason. They are not sickness absence, do not require self-certification, and will not be counted in any absence trigger calculation. They are separate from annual leave entitlement. Unused wellbeing days [carry forward to the following leave year / lapse at the end of the leave year]. If an employee is too unwell to work, they should use the sickness absence process instead.]
Drafting note: Choose Option A or Option B and delete the other. If offering wellbeing days, the key elements are: number per year, qualifying service, paid or unpaid, carry-forward or lapse, and whether notice is required. Making these explicit avoids scope creep and protects you if the arrangement is ever challenged. Delete this note before issuing.
7. Equality Act 2010 and reasonable adjustments
A mental health condition may be a disability under the Equality Act 2010 if it has a substantial and long-term adverse effect on the employee's ability to carry out normal day-to-day activities (substantial means more than minor or trivial; long-term means 12 months or expected to last 12 months). Where a mental health condition qualifies as a disability, the Company must make reasonable adjustments to remove or reduce any substantial disadvantage the employee faces. The Company will discuss potential adjustments with the employee, take occupational health advice where appropriate, and document what has been agreed.
Dismissal or detriment connected to a disability-related absence, or to requesting reasonable adjustments, may constitute disability discrimination. Managers must not treat mental health absences as performance issues without first considering whether a disability may be involved and whether reasonable adjustments have been made.
8. Attendance management and the Bradford Factor
The Company operates an attendance management process for persistent short-term sickness absence. Before any formal process begins, the manager will consider whether the absences may be related to a disability and whether reasonable adjustments would reduce future absence. Where absences are linked to a disability, the Company will consider modifying the attendance trigger threshold or excluding disability-related absence from any Bradford Factor calculation before taking action.
Drafting note: If you use the Bradford Factor, add: "Bradford Factor scores are used as a management indicator, not as an automatic trigger for disciplinary action. Each case is reviewed individually." This reduces the risk of an Equality Act claim. Delete this note before issuing.
9. Confidentiality
The Company treats mental health information with sensitivity. Information about an employee's mental health condition will be shared only with those who need to know for the purpose of managing the absence or putting in place reasonable adjustments. Employees are not required to share a diagnosis to take sick leave or request reasonable adjustments. The Company will not share an employee's mental health information with other employees without their consent.
10. Return to work
After any sickness absence, the manager will hold a brief return-to-work conversation with the employee on their first day back. The purpose is to welcome the employee back, confirm they are well enough to return, discuss any temporary adjustments that would support them, and update absence records. It is not a disciplinary meeting. Employees are not required to disclose their diagnosis.
11. Support and resources
Employees who are experiencing mental health difficulties are encouraged to speak to [their line manager / HR / a trained mental health first aider] in confidence. [The Company subscribes to an Employee Assistance Programme providing free, confidential counselling and advice. Details are available from HR.] External resources include ACAS (acas.org.uk), the NHS (nhs.uk) and the Samaritans (freephone 116 123).
Drafting note: Adapt this clause to reflect your actual provision. If you do not have an EAP, remove that sentence. If you have mental health first aiders, name the role (not the individual) and explain how to contact them. Delete this note before issuing.
12. Manager responsibilities
Managers are responsible for: creating a team environment where employees feel safe to raise mental health concerns; following the sickness notification process consistently; conducting return-to-work conversations after every absence; considering disability and reasonable adjustments before initiating any absence management process; maintaining confidentiality; and escalating to HR where an employee's mental health may require occupational health referral or more complex support.
13. Record keeping
The Company will keep records of sickness absence, any reasonable adjustments agreed, and return-to-work conversations, held securely in line with the Company's data retention policy. Records will not contain unnecessary sensitive information about diagnosis or mental health history beyond what is needed to administer the absence and any adjustments.
14. Review
This policy will be reviewed periodically and updated to reflect changes in employment law, ACAS guidance, or Company practice. Employees with questions should contact [HR / their line manager / [name]].
The sickness absence policy template covers the full absence management process, trigger points, and Bradford Factor mechanics. This mental health policy is the companion piece: it handles the mental health-specific obligations (Equality Act, wellbeing days, stigma) that should live separately so they do not get buried in a general absence policy.
Manager checklist
Use this sequence every time an employee is absent, or discloses a mental health difficulty, to ensure you handle it lawfully and supportively.
Note the date and reason for absence (sickness). Do not ask probing questions about diagnosis. Express support briefly and confirm the next contact point (for example, checking in after three days or when they know more). Log the absence as sickness, not any other category.
Keep in touch at a frequency the employee is comfortable with. ACAS recommends regular, sensitive contact rather than silence or pressure. Do not require updates on diagnosis or prognosis beyond what is needed to plan cover. If absence extends beyond seven days, remind the employee that a fit note will be needed before or on their return.
Before reaching any trigger point in your attendance management policy: ask whether the absences may be related to a mental health condition. If there is any indication they could be (a fit note mentioning depression or anxiety, or the employee having disclosed a condition), consider the Equality Act reasonable adjustments duty before taking any formal action. If in doubt, escalate to HR and seek occupational health advice.
On the first day back, have a brief, private conversation. Welcome the employee back, ask how they are feeling, review any fit note recommendations, agree any temporary adjustments, and update the absence record. Keep notes. This is not a performance conversation: the purpose is welfare and reintegration.
Where the employee has a mental health condition that may be a disability, discuss and agree adjustments before the next review or return to work. Common adjustments include phased return, flexible hours, workload reduction, and attendance trigger modification. Put agreed adjustments in writing. Review them after an agreed period. Reasonable adjustments are not permanent and can be reviewed as circumstances change.
Log the dates, absence type (sickness), and any SSP liability. Notify payroll of the absence period and any contractual sick pay entitlement before the cut-off. If the employee is entitled to wellbeing days and used one, record that separately so it does not appear in the sickness record.
When absence comes in by email, text, and word of mouth, records become unreliable and managers spend time hunting for them before a return-to-work conversation. Book Time Off keeps every leave request and decision in one place: days taken, days remaining, and a full record visible to the manager in seconds.
Try free for 30 days →Sources
Primary sources
| GOV.UK | Taking sick leave · Overview of sick leave rules, self-certification, fit notes, and SSP entitlement. Checked June 2026. |
| GOV.UK | Statutory Sick Pay (SSP) · Current rates, eligibility, and employer responsibilities. Checked June 2026. |
| Legislation.gov.uk | Equality Act 2010 · Definition of disability (s.6), reasonable adjustments duty (ss.20 and 21), discrimination arising from disability (s.15). Checked June 2026. |
| Legislation.gov.uk | Employment Rights Act 2025 · SSP reform provisions in force from 6 April 2026: day-one entitlement, 80% AWE calculation, removal of lower earnings limit. Checked June 2026. |
| ACAS | Supporting mental health at work · Guidance on employer duty of care, creating a mental health policy, and reasonable adjustments. Checked June 2026. |
| HSE | Mental health at work · Employer legal duties under the Health and Safety at Work etc. Act 1974 and the HSE Management Standards for work-related stress. Checked June 2026. |
| GOV.UK | Reasonable adjustments for workers with disabilities or health conditions · What qualifies as a reasonable adjustment and how the duty applies. Checked June 2026. |
| Legislation.gov.uk | Health and Safety at Work etc. Act 1974 · Employer duty of care for employee health, safety and welfare. Checked June 2026. |
FAQs
This guide is general information for UK employers. Employment law depends on facts, contracts and circumstances. If you are dealing with a complex mental health situation, a potential Equality Act claim, or tribunal risk, contact ACAS or take professional legal advice.