Taking a mental health day can give employees an opportunity to distance themselves away from work obligations and address ongoing concerns that may affect how people feel and operate. But what happens when you need time away from work to address personal issues such as anxiety, persistent fatigue, and mental stress?
As such knowing whether workers are able to take mental health days without consequences can not only support their overall well-being, but can make them prepared in the event if their rights were violated at work.
Is a Mental Health Day Actually a Legitimate Workplace Need?
A mental health day off work can be a legitimate way to manage constant challenges that affect your ability to function while on the job. Mental or behavioral health concerns, like chronic stress and emotional exhaustion, can make it difficult to concentrate, maintain productivity, or handle daily responsibilities.
Taking time to rest and recover from mental health challenges may help employees prevent burnout and return to work with better focus. Certain initiatives, like World Mental Health Day (observed on October 10 each year), also highlight the importance of recognizing such needs as part of overall well-being.
What Does Workplace Mental Health Data Reveal?
Workplace mental health has become a notable concern for employees and employers, because data shows how stress, time away from work, and access to mental health support can affect a worker’s well-being and job performance. These findings also demonstrate why creating and maintaining a healthier workplace culture can greatly benefit both employees and organizations.
Time Off and Job Performance
According to the American Psychological Association (APA), taking time off from work can help improve people’s job performance and overall well-being. In fact, the APA’s 2018 survey highlights how 58% of workers said they were more productive after taking time off whereas 55% reported that the quality of their work started to improve.
As taking time off can lead to enhanced creativity and better problem-solving ability, this can give employees an opportunity to step away from ongoing demands and return with a new and refreshed perspective.
The Economic Cost of Mental Health Concerns
While many employers think giving more time off for their employees can result in a decline of productivity, the financial impact of addressing workplace mental health concerns is considerably significant.
The World Health Organization (WHO) estimates that depression and anxiety account for roughly 12 billion lost working days each year, costing the global economy approximately $1 trillion annually in lost productivity. These numbers demonstrate how untreated mental health concerns can affect an employee’s personal well-being and how it can contribute to reduced productivity and job performance.
Employee Demand for Mental Health Support
Employees also highly value employers that provide mental health support. Research shared by Modern Health found that 79% of professionals prefer to stay with companies that invest in mental health resources.
Similarly, the APA’s 2023 Work in America survey showed that 92% of workers considered it an important factor to work for an organization that gives its employees support for mental health.
Workplace Stress Remains Common
Workplace stress remains widespread as well because a 2025 Workplace Stress Report from Insightful revealed that 90% of surveyed employees reported feeling stressed on the job, with unbalanced workloads, unrealistic expectations to be met, and constant deadlines as major contributors.
Such findings show why employers may benefit from establishing and maintaining a workplace culture that recognizes mental health needs, encourages appropriate time away from work, and provides employees with helpful resources and support.
What Are Common Signs You May Need Time Away From Work?
Needing time away from work does not always start with one apparent symptom. Employees will, instead, begin to notice gradual changes when it comes to their emotions, motivation, or ability to address every obligation they are assigned to fulfill. As such, understanding the following signs early can help you determine when it is beneficial for you to take a step back and manage what you are dealing with:
- Chronic stress can lead to unexplained physical symptoms– This can include headaches, muscle tension, digestive issues, or trouble sleeping.
- Burnout leaves you feeling empty and emotionally drained– You may also start to notice yourself feeling more irritated, detached, or have difficulty concentrating.
- Persistent pressure can significantly lower your motivation– You may lose interest in your responsibilities, procrastinate more than usual, or even struggle to keep up with your usual productivity.
Recognizing these issues can help you become more aware of how workplace demands may affect your overall well-being. When stress, exhaustion, or changes with your motivation take a hit on your daily life or job responsibilities, taking time off to rest and having these concerns managed may be worth considering.
Is a Mental Health Day a Sick Day or PTO?
A mental health day can count as either a sick day or a paid time off (PTO), because California’s paid sick leave law recognizes that employees may need time away from work for mental health reasons under California Labor Code §§ 246 and 246.5.
Meanwhile workers can use paid time off (PTO) as an option for mental health days because PTO is designed to allow workers to take a break without having to give details about why they need to take the day off. However, since PTO policies differ between workplaces, employees should review their available benefits and any requirements for requesting time away.
Furthermore, if your company has an unlimited PTO policy or follows a strict time off policy, it is still important to follow all company procedures before taking the time off, because not doing so will result in corrective actions such as write ups and termination.
This means that a sick day may be appropriate when an employee needs to address a qualifying mental health condition, request professional support, or take steps to reduce stress as part of their care plan.
Employees generally do not need to give their supervisor a lengthy explanation about their personal mental health simply to request an ordinary sick day because California allows employees to request paid sick leave orally or in writing and an employer also cannot require an employee to find a replacement worker as a condition of taking qualifying paid sick leave.
Depending on the situation and workplace policy, an employee could simply tell their supervisor that they are not feeling well and need to use an available sick day, but if the employee is seeking an accommodation or extended medical leave, more information may eventually be required.
Can My Boss Deny or Retaliate Against My Mental Health Leave?
An employer does not necessarily have to approve every request labeled a “mental health day,” but whether it is unlawful depends on the circumstances and type of leave being requested. California Labor Code section 246.5 specifically prohibits an employer from denying an employee the right to use accrued sick days for a qualifying purpose and they cannot discharge, threaten to discharge, demote, suspend, or otherwise discriminate against an employee because they used or attempted to use legally protected accrued sick leave.
Furthermore, if the employee is requesting a mental health leave due to a series health condition, the state’s FEHA requires employers to to provide workers the leave or engage in a a timely, good-faith interactive process to ensure it doesn’t place an undue hardship on the business. Any violation or act of retaliation from the employer will be subjected to penalties and civil lawsuits.
Do I Need to Provide Documentation to Get a Mental Health Day?
Workers do not necessarily need to provide documentation to get a mental health day approved, because documentation requirements depend heavily on what type of leave the employee is requesting.
For ordinary California paid sick leave, an employee may request the leave orally or in writing, but when an employee requests leave because of a serious health condition, an employer may request appropriate medical certification under applicable rules.
With that in mind, those who are dealing with mental health issues, such as depression or anxiety, may be entitled to workplace protections when their condition qualifies as a disability under applicable law, but in such cases, an employer may ask for reasonable supporting information to learn the employee’s limitations and determine whether granting an accommodation may be appropriate.
Threatened With Discipline for Taking Time Off? Speak With a West Coast Employment Lawyers Today
If you were threatened with discipline for requesting or taking time off, you may be entitled to pursue legal action. Workplace retaliation can leave workers feeling unsure about their rights and worried about how speaking up could impact their job position.
At West Coast Employment Lawyers, our legal team represents those who are met with retaliation and other workplace disputes, helping affected individuals understand the options they have available and guide them to the most effective path to secure favorable results. Our employment attorneys can assess the factors surrounding your leave, look into whether you have a valid claim, and advocate on your behalf when an employer has treated you unfairly.
To discuss your situation with a legal expert, we invite you to book a FREE consultation with us by calling (213) 927-3700 or completing our quick online contact form.
