Mental Health Awareness Week 2025: Your rights when taking time off for mental wellbeing

The rising need for mental health support in UK workplaces

Mental Health Awareness Week (12-18 May 2025) focuses on “community” this year, highlighting how supportive environments are crucial for wellbeing. But what happens when you need to step away from your workplace community to prioritise your mental health?

Recent statistics show this is increasingly common:

• 19% of British workers have taken time off work due to their mental health (Statista, 2024)
• 875,000 workers suffered from work-related stress, depression, or anxiety in 2022/23, resulting in 17.1 million working days lost (Mental Health Foundation, 2024)
• 63% of UK employees now show symptoms of burnout like exhaustion and disengagement, up from 51% two years ago (MHFA England, 2024)

With mental health absences increasing, particularly among younger workers, understanding your rights has never been more important.

Your legal rights when taking time off for mental health

Mental health conditions that substantially affect your daily life are protected under the Equality Act 2010. Here’s what this means for you:

Protection from discrimination

If your mental health condition qualifies as a disability under the Equality Act, your employer cannot:

• Treat you unfavourably because of your condition
• Dismiss you without considering reasonable adjustments
• Subject you to harassment or victimisation related to your condition

Entitlement to reasonable adjustments

Employers must make reasonable adjustments to support employees with mental health conditions. These might include:

• Flexible working hours or location
• Time off for medical appointments
• Adjustments to workload or responsibilities
• Providing a quiet workspace

Sick leave and pay entitlements

When taking time off for mental health:

• You’re entitled to Statutory Sick Pay (SSP) for mental health reasons, just as you would be for physical illness
• SSP is payable for up to 28 weeks
• You’ll need a fit note from your GP if you’re off work for more than 7 days
• Many employers offer occupational sick pay schemes that are more generous than SSP

How to approach taking time off for mental health

Discussing your needs with your employer

While there’s no legal obligation to disclose a mental health condition, doing so can help ensure you receive appropriate support:

1. Plan the conversation – Choose a private setting and consider what you want to share
2. Focus on work impact – Explain how your mental health affects your work
3. Be specific about needs – Request clear adjustments that would help you
4. Document the discussion – Follow up in writing about what was agreed

Getting medical support

Your GP can:

• Provide a fit note (previously called a sick note)
• Recommend adjustments to your work
• Refer you to specialist mental health services
• Advise on medication or therapeutic options

Returning to work

When you’re ready to return:

• Consider a phased return if appropriate
• Request a return-to-work meeting to discuss any ongoing support needs
• Be aware that you can request further reasonable adjustments
• Know that your employer should maintain confidentiality about your health

Supporting colleagues taking mental health leave

Creating a supportive community means:

• Respecting privacy and confidentiality
• Maintaining appropriate contact during absence
• Avoiding pressuring colleagues to return before they’re ready
• Welcoming them back without judgment

Prioritising your mental health

Taking time off for mental health is not a sign of weakness, it’s a necessary step toward recovery and long-term wellbeing. This Mental Health Awareness Week, remember that you have legal protections and rights when you need to prioritise your mental health.

By understanding these rights and approaching conversations with employers constructively, you can ensure you get the support you need while protecting your position at work.

If you’re struggling with your mental health at work, remember you’re not alone. For more information on taking time off for mental health in the UK, read our comprehensive guide: Taking Time Off Work for Mental Health in the UK.

Looking for a workspace that prioritises wellbeing? Book a tour of your nearest Work.Life location today.

Additional resources:

• Mental Health Foundation
• Mind – Mental Health at Work
• ACAS – Mental Health Resources