Ireland’s laws on mental health leave
In Ireland,there is no specific employment law on mental health sick leave. However, there are legal regulations which mental health falls under.
In some cases, certain mental health conditions are categorised as a disability.
Under the Employment Equality Act 1998 - 2015, a mental health disability must:
• Have a ‘substantial adverse effect’ on an employee’s life.
• Last for at least 12 months or is expected to.
• Affect an employee’s ability to perform daily activities.
Here, if sickness absence isn’t managed carefully, you could be guilty of disability discrimination. You could face a costly claim, like compensation penalties or business damages.
What do employees need during a mental health sick day?
There are several factors which employees need during a mental health sick day.
But before anything, you need to treat leave for physical and mental illness as the same. When it comes to long-term sickness leave, the process time and strategy is simple:
Statutory sick pay
Since 1 January 2024, you have a right to 5 days' sick pay a year (increased from 3 days in 2023). This is called statutory sick pay (that means the legal minimum). Sick pay is paid by your employer at 70% of your normal pay up to a maximum of €110 a day.
• Class as an employee and have an employment contract.
• Are ill or unable to work for at least four days in a row (including non-working days).
• Have informed their employers about their sickness within an appropriate time. Or within seven days if there’s no time frame.
Many employers often provide more than the statutory sick pay rate. This is known as contractual sick pay (CSP); and the rate depends on your contractual terms and policies.
Statement of fitness
An employee is allowed to take sick days for their mental health, at any given time.
If their leave is more than seven days, they must provide a Statement of Fitness. (This is also known as a sick note, fit note, or doctor’s note). It’s provided by a medical professional and normally outlines a person’s health state and work capability.
If their sickness absence is less than seven days, employees don’t need to give a sick note. Instead, you can ask for a self-certification during their ‘back to work’ interview.
Return to work
When the employee is feeling better, they might receive a doctor’s note to say they’re eligible to return to work. Here, you should hold a meeting or interview when they come back to work. Take this time to discuss the employee’s health and whether they need any work adjustments.
In other cases, they might be advised to take further leave. This might be because of the level of their health or other illness. Some medical professionals may prescribe ‘rest’ as part of a recovery plan. For example, they could recommend taking annual leave or going on holiday.
What are symptoms of mental ill health?
Some of the most common mental health symptoms include:
• Trouble sleeping.
• Loss of appetite or overeating.
• Avoiding others or daily activities.
• Feeling helplessness, numbness, and indifference.
• Using high levels of intoxicants (like alcohol, smoking, or drugs).
• Feeling extreme levels of emotions, like confusion, anxiety, or anger.
• Experiencing flashbacks or short-term paralysis.
An individual can go through several other symptoms–all on different levels. When they experience an episode, it can easily lead to a nervous or mental breakdown.
