A positive psychosocial environment improves both employee performance and overall well-being.

Conversely, unmanaged risks such as stress, poor communication or harassment can significantly harm mental health at work.

Mental health as a legal obligation in the EU

The EU recognizes mental health as a legal requirement under the European Framework Directive 89/391/EEC.

Employers are required to identify, assess and manage all workplace hazards, including psychosocial risks.

This responsibility includes:

• Carry out workplace risk assessments
• Identify potential stressors (e.g., work-related stress, harassment or violence)
• Apply preventive measures to protect vulnerable groups, such as new and pregnant women

As specific legislation on psychosocial risks continues to evolve at European level, the directive highlights the employer’s duty to protect the health and safety of its employees in all work-related aspects.

Employer obligations regarding psychosocial risk assessment

Employers should carry out regular risk assessments to detect and address psychosocial risks.

This includes special considerations for new or expectant mothers, defined as employees who are pregnant, have given birth within six months, or are breastfeeding.

Upon written notification, employers are legally required to carry out individual assessments and implement protective measures, such as changing working conditions or offering suitable alternative roles.

Risk assessments should not be a one-off exercise.

They should be reviewed periodically and updated when workplace circumstances change to maintain compliance.

Employers also have a responsibility to ensure that those carrying out assessments are properly trained, competent and supported with sufficient time and resources.

Examples of common psychosocial risks

Psychosocial risks vary by sector, but generally include:

• Excessive workload and job insecurity
• Harassment, intimidation or abuse (both physical and verbal)
• Poor communication and lack of recognition
• Monotony, lack of autonomy or underutilized skills

The EU strategic framework for health and safety at work places emphasis on adapting working conditions to reduce these risks, ensuring that employees’ mental health is treated with the same importance as physical safety.

Best practices for supporting mental health at work

To create a safe and supportive workplace, organizations must use a comprehensive mental health strategy that includes prevention, intervention and ongoing support:

• Develop a mental health strategy: integrate mental health into HR and well-being policies with the contribution of employees and professionals
• Train managers: provide line managers with training to help them recognize mental health issues, promote open communication and effectively support employees
• Primary prevention: promote good mental health through stress management programs, equitable job design and healthy workloads
• Secondary intervention: offer early support, such as training or resilience workshops, to employees who show signs of distress
• Tertiary support: facilitate return-to-work programs for employees recovering from mental health-related absences with flexible arrangements
• Mental health first aiders: train designated staff to provide initial support and direct colleagues to professional resources
• Promote awareness and reduce stigma: communicate regularly about available mental health resources and encourage employees to seek help
• Reasonable adjustments: proactively adapt working conditions, such as flexible hours or adapted workloads, to support employees in distress

By implementing these measures, employers can create a supportive environment that not only addresses mental health issues but also promotes overall employee well-being.

Example: Step-by-step psychosocial risk assessment guide

Moving beyond compliance to real care

My colleague, Dan J GraceDirector of IRIS HR Consulting Services, shared his thoughts, saying: “Having reviewed Claudia’s analysis of psychosocial risk management in EU workplaces, I am struck by a fundamental paradox: while mental health has rightly become a legal requirement, there is still a troubling gap between regulatory compliance and genuine well-being at work.

“The European Framework Directive 89/391/EEC has undoubtedly placed mental health among the priorities of companies, and this is progress.

“However, what Claudia and I are observing in practice is concerning.

“Too many organizations carry out risk assessments that end up gathering dust, ticking boxes without speaking to the people behind the data. “They study stress levels, document harassment risks and file reports, but employees continue to struggle in silence, fearing stigma more than seeking support.

“The real challenge is not defining psychosocial risks: we already know that excessive workloads, harassment, poor communication and monotonous work are major dangers.

“The challenge is that many employers still view mental health as a compliance exercise rather than a human responsibility.

“What gives me hope are successful organizations.

“These employers are integrating mental health into leadership culture, creating safe spaces for open dialogue, and most importantly, putting what they learn into practice.

“They recognize that a psychologically safe workplace is not only a legal requirement; it’s both commercially smart and morally essential.

“My takeaway is this: legislation provides the framework, but only real commitment produces results. »

Closing the gap

The main obstacle lies in misunderstanding: mental well-being requires a holistic approach to risk management, not just awareness.

To make real progress, employers must turn assessment findings into concrete action plans that address employee needs, such as providing mental health days, access to counseling or peer support networks.

At IRIS, our Global HR Services helping organizations close this gap by turning compliance into meaningful actions.

From designing bespoke psychosocial risk assessments to implementing employee wellbeing programs across borders, we provide the expertise and support to create workplaces where people feel truly heard, valued and supported.

Find out how our Global HR Services can help you move beyond compliance to build a healthier, more resilient workforce.

About the author: Claudia Morel-Zifonte, Senior International HR Consultant at IRIS

Passionate about delivering people results, Claudia is a seasoned leader with extensive experience in the European market.

She holds a CIPD Level 7 Diploma and Chartered MCIPD status, bringing additional expertise and operational excellence to IRIS’ international consultancy service.

Having lived in several countries and speaking three languages ​​fluently, Claudia thrives in multicultural environments and enjoys building meaningful connections between diverse teams.

With time off work due to poor mental health up by 41% in the last three years, psychological wellbeing has become an increasingly important part of employee wellbeing for HR managers and business leaders.

Yet for many, dealing with it remains the trickiest of tricky subjects, and providing the right support can be a challenge.

There’s also a big question around mental health leave. Is it mandatory? Is it effective? And how should it be implemented?

To give you some clarity, we’ve put together this short piece that explores the ins and outs of mental health sick leave, and explains why it’s crucial for you, your employees and your business. 

What is mental health sick leave?

The first step in providing your employees with exactly what they need is to understand what we mean by mental health sick leave.

According to the British Medical Association (BMA) there is no legal difference between taking leave for psychological wellbeing and leave for a physical problem, so they should be treated in exactly the same way ie. an issue that affects an employee’s ability to perform their day-to-day role. 

Mental health sick leave might include seeking treatment for mental health-related illnesses, or simply for taking some time out to recharge and focus on themselves. 

What are the reasons for taking mental health sick leave?

There are many reasons why an employee might need to take time off work, and all should be treated with respect and careful consideration: 

• Mental health disorders: Employees may need time off to manage diagnosed mental health conditions such as bipolar disorder, anxiety disorders, depression or schizophrenia. 
• Burnout and stress: Prolonged exposure to work-related stress or lack of work/life balance can result in burnout. This is where employees feel overwhelmed, exhausted and unable to cope with the demands of their role. Psychological wellbeing leave can help employees to recuperate and reset. 
• Trauma: If an employee has experienced significant trauma either in their personal life or a professional setting, they may require time off to process this event and seek professional help. 
• Crisis situations: A family crisis or personal loss can be another reason why employees require leave for their emotional wellbeing.

Whatever the reason, poor mental health can have a negative impact on both the employee and the workplace culture as a whole. Taking leave allows employees to return to work feeling refreshed and ready to perform effectively.

What qualifies an employee for mental health leave?

As we’ve mentioned already, we are all entitled to take time off for the benefit of our mental health, and it’s crucial that employees feel they can broach the subject of their emotional wellbeing and feel seen and heard. 

It’s also worth noting here that each employee must be dealt with on a case by case basis and no two situations are the same.

Nevertheless, there are still criteria for employees to access mental health leave:

• Employment status: Typically employees must be full-time to be eligible, and some companies may have waiting periods before employees can access it. 
• Medical documentation: There should be documentation from a medical professional to support the need for leave. This could include a diagnosis, treatment plan or simply a recommendation for time off. 
• Compliance with company policy: Before sick leave for psychological wellbeing can be granted for mental health reasons, employees must adhere to the process for requesting leave. 
• Legal protections and regulations: Employees could qualify for mental health leave according to the Equality Act 2010. Certain psychological health conditions are categorised as a disability if they have a substantial adverse effect on an employee’s life and are expected to last for at least 12 months. 

It’s so important to manage mental health leave correctly. Not just for the wellbeing of your employees, but also to prevent you and your business from facing any discrimination charges. It’s therefore vital you are aware of this criteria and the law on disability discrimination.

To help you streamline the leave process, it’s recommended to use an effective HR and payroll software that automates tasks and ensures compliance with UK laws. Employment Hero can take the hassle out of managing health-based leave requests and makes everything simple.

Is your business required to have a separate policy?

Your business doesn’t necessarily have to have a separate policy by law, but doing so could put you miles ahead in terms of cultivating trust amongst your team and showing support, demonstrating that wellbeing is an integral part of your company culture. 

Standard sick leave policies typically cover both physical and psychological health conditions but usually only the conditions that qualify as a disability apply here. 

What legal responsibilities do employers have toward sick employees

Employers have a moral duty to look after their team members and ensure their wellbeing and happiness. Psychological wellbeing conditions should be handled with extreme care and your approach plays a key role in combatting the stigma associated with it. 

However, business owners and HR professionals also have a legal obligation to provide emotional wellbeing support, and keep up to date with the ever-changing laws and regulations.

Here, we’ll take you through exactly what’s required:

Protection from discrimination

Employers must commit to legal responsibilities under the Equality Act 2010 which states that psychological wellbeing issues can be classified as disabilities if they substantially affect day-to-day activities. 

This means making modifications to working environments and providing flexible working arrangements. 

A duty of care

As employers, you have a duty of care to ensure a safe and healthy working environment for all of your employees, and this includes emotional wellbeing considerations. The Health and Safety Act encourages employers to foster a culture of safety and health within the organisation. 

Statutory Sick Pay (SSP)

Employees who are too sick to work, including those with psychological wellbeing conditions, are entitled to receive Statutory Sick Pay (SSP) if they are eligible (see criteria earlier in this document).

By fulfilling all these responsibilities, you’ll not only have a brilliant and thoughtful mental health leave support plan in place, you’ll also keep yourself covered and minimise the risk of any legal challenges.

How to manage mental health leave requests

Another tricky part of an effective leave policy is dealing with psychological wellbeing requests.

If done manually, these can be extremely time-consuming, and it’s why many businesses have turned to management software like Employment Hero. But whether you use EH or not, here are some of my top tips for managing psychological wellbeing leave requests: 

1. Create a coherent and supportive policy

Let’s start with what your mental health leave policy should include. It should specify which employees the policy applies to, as well as eligibility criteria and leave entitlements. It should also document the process for requesting leave and provide details for any medical documentation required. 

2. Encourage open discussion

For businesses looking to increase their awareness of employee mental health, it’s important to create regular opportunities for an open dialogue about emotional wellbeing in the workplace. For example, Mind, the UK mental health charity, recommends implementing routine check-ins between managers and team members, either weekly or fortnightly. This is a proactive approach to spot signs of stress early and offer support. 

These conversations should take place in a private, judgment-free setting, helping to normalise emotional wellbeing discussions and reduce stigma. Prioritising mental wellbeing in this way directly enhances the overall employee experience.

3. Handle employee disclosure empathetically and confidentially

Both the business and employee should:

• Ensure all discussions are held in a private setting to maintain the employee’s confidentiality and comfort 
• Ensure all documents are stored securely and any medical information is kept confidential
• Provide training for managers and HR personnel on how to approach these requests and discussions empathetically

4. Establish a clear process for self-certification

As a small business owner or HR professional, you want to create a supportive environment that empowers employees to take the time to prioritise their health and well-being. 

You could: 

• Define self-certification leave: Outline what self-certification means and how employees can request leave without medical certification. 
• Specify the types of leave that qualify: State which types of leave this covers and highlight the importance of responsible use. 
• Outline employee eligibility: Include which employees can utilise self-certification leave and the duration of leave. 
• Provide clear instructions: Detail the process of submitting a self-certification leave request. 
• Periodically review the process: Revisit the policy regularly and amend it where needed. 

How employers can support employees 

Small gestures can make a big difference to employee wellbeing. Here’s what you can do to help:

• Regular, pressure-free communication: Check in with your employees frequently and if they feel comfortable, encourage them to update you on their thoughts and feelings whilst still respecting their boundaries. 
• Resolving issues that may have contributed to ill-health: Investigate any issues and find ways to create a culture that is supportive of employees being open about their emotional wellbeing. 
• Access to an Employee Assistance Program (EAP): Think about what resources could be beneficial here? For example, at Employment Hero, we have an Employee Assistance Program offering free one-on-one counselling support. 
• Offering flexible work options: A more flexible working arrangement could be beneficial for employees who want a better work/life balance and greater control over their work conditions and routines. 

Returning to work

Returning to work after mental health leave can have unique challenges for employees, and creating a safe space is key to helping them feel more comfortable. 

You could start by:

• Ensuring open communication: Help employees feel more at ease with a relaxed open dialogue. This encourages honesty and transparency and clarifies any expectations regarding their return to the workplace. The return to work interview is a superb way to voice any queries, questions or concerns. 
• Providing support resources: Whether it’s counselling sessions, support groups or helpful pamphlets, ensure your employee has access to appropriate support.
• Adjusting job responsibilities: Evaluate the employee’s responsibilities and take note of any stressors, modifying accordingly.
• Re-assessing their work environment: Evaluate the current workspace and highlight any opportunities for positive change. 
• Creating a welcoming atmosphere: Foster a supportive work environment where psychological wellbeing is regularly discussed. 
• Hosting regular check-ins: Schedule regular one-on-one meetings to get a sense of the employee’s comfort levels and progress. 
• Promoting a healthy work/life balance: Champion flexible working or adjust hours to help the employee transition back into their role comfortably. 
• Providing training: Help your managers better understand their team members who have taken sick leave for mental health. 
• Recognising accomplishments: Upon the employee’s return, celebrate achievements both big and small in order to provide a warm welcome back to the workplace.

Not all of these tips will be right for your and your employee’s particular situation, but they should give you some idea of how to create a warm and inviting safe space from which to welcome employees back to work. 

Make wellbeing a priority with Employment Hero

Managing employee wellbeing is challenging but Employment Hero can support you while you support your employees. Together we can set new standards for managing mental health in the workplace and help you show up for your employees day after day. 

Thanks to the world’s first Employment Operating System, you can streamline HR processes including mental health leave requests and leverage Employment Hero’s capabilities ensuring employees feel supported and valued at all times. 

With advanced management tools to help businesses stay compliant and to promote a positive workplace culture, you’ll see employee morale skyrocket. Why not see how we can help you today?