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    Burnout and stress leave in Australia

    Dr. Nelson Lau Medically reviewed by Dr. Nelson Lau, MBBS FRACGP. Last updated & reviewed on 5 Oct 2026.

    In Australia, you can take paid sick leave for mental health conditions, including severe stress and burnout. The Fair Work Act treats mental health the same as physical health. If stress or burnout makes you unfit for work, you’re entitled to time off to recover.

    Burnout isn’t officially classified as a disease. But the exhaustion it causes is a recognised workplace issue.

    This guide explains:

    • What burnout leave is: How mental health days work under the National Employment Standards (NES).
    • Getting a medical certificate: How to get a doctor’s certificate for stress without oversharing personal details with your employer.
    • Your workplace rights: How much time you can take off, and your employer’s duty to manage psychological hazards at work.

    What is burnout leave?

    Burnout leave is time off work to recover from severe physical, mental, or emotional exhaustion caused by prolonged work-related stress. In Australia, burnout is not a separate type of leave. If burnout makes you unfit for work, you may be able to use your personal or sick leave entitlements, subject to the usual requirements.

    In situations where burnout symptoms are severe, worsening, or there is any risk of self-harm, seek urgent care or call 000. If you’re in crisis, you can also call Lifeline on 13 11 14 (24/7) or text 0477 13 11 14.

    Mental health vs. physical health under the Fair Work Act

    “Burnout leave” and “stress leave” are not separate categories of leave under the NES. If you need time off due to burnout, you can generally use your accrued paid personal or carer’s leave in the same way you would when you’re physically unwell. The Fair Work Act treats mental health conditions the same as physical ones.

    Related: Read our ultimate guide to Sick leave and employee privacy rights in Australia

    Getting a burnout certificate

    Getting a medical certificate for burnout is easier than you might think, and your doctor doesn’t have to tell your employer the exact details of why you’re stressed.

    Will a doctor write “burnout” on the certificate?

    In most cases, no. Doctors are bound by medical confidentiality and are not required to disclose the exact condition to your employer.

    A medical certificate for burnout or stress usually will not need to include your diagnosis. It will generally state that you have a medical condition and are unfit to work. This helps you protect your privacy while providing your employer with the evidence they need.

    Telehealth and online certificates for mental health

    If you’re struggling with burnout, anxiety, or feeling unwell, getting to a clinic can sometimes feel like too much. Telehealth lets you connect with a health practitioner by phone or video call from the comfort of your home. If clinically appropriate, they can provide a medical certificate.

    Telehealth for mental health works best alongside ongoing in-person care, especially for follow-up appointments, check-ins, and short-term certificates. However, in situations where symptoms are severe, worsening, or there is any risk of self-harm or danger, you should seek urgent care or call 000.

    Can I use a statutory declaration for a mental health day?

    Yes, in many cases. The Fair Work Act doesn’t specify a single type of evidence you must provide. What matters is that the evidence you provide is enough to show a reasonable person that you were genuinely unfit for work.

    A statutory declaration is a formal legal document, and making a false declaration can have serious legal consequences. It should always be accurate and truthful.

    Related: Read our guide on “Statutory declarations for sick leave”

    How much time can you take off for burnout?

    The amount of time you can take off depends on your sick leave balance and what you arrange with your employer. Here are your options for short and long breaks.

    Using paid sick leave (short-term)

    Under the NES, full-time employees receive 10 days of paid personal or carer’s leave each year, while part-time employees receive a pro-rata amount based on the hours they work. This accrued leave can generally be used for burnout-related absences, and unused leave carries over from year to year.

    Unpaid leave and extended absences

    If your paid leave runs out, you can request unpaid leave, or ask to use annual leave instead — both need your employer’s agreement.

    The Fair Work Act generally protects you from dismissal for a temporary illness-related absence, if you have a medical certificate or other reasonable evidence. This protection doesn’t stop your employer acting for other lawful reasons — like serious misconduct, or your role no longer existing.

    This protection applies for up to three months at a time, or three months total in 12 months. There’s no three-month limit if your entire absence is covered by paid personal leave.

    Standard sick leave vs. workers’ compensation

    These are different. Standard sick leave comes from your personal leave balance, no matter the cause.

    If your burnout is a direct result of an unsafe workplace — bullying, or an excessive workload — you may be able to claim workers’ compensation for psychological injury, through your state or territory scheme. Rules vary by state, and other factors (like reasonable management action) can affect your claim. Get advice from your workers’ compensation authority or a lawyer. This is separate from personal leave, with its own rules.

    How to talk to your employer about burnout?

    Telling your employer you need a mental health day can feel stressful. You can keep it brief, professional, and private.

    Do you have to disclose it for mental health?

    No. You only need to tell your employer that you’re unfit for work due to a personal illness or medical condition. You are not required to share a diagnosis or explain that it’s mental health related.

    Requesting a mental health day

    Here are a few tips for keeping the conversation simple and professional:

    • Tell your employer as soon as you can, ideally before your shift.
    • Keep it simple: you’re unwell and can’t work.
    • If asked, provide a medical certificate or statutory declaration.
    • You don’t need to share personal details or explain further.

    Employer responsibilities: Managing burnout and psychological hazards

    In Australia, employers must keep the workplace safe. That includes protecting staff from extreme stress and bullying — not just physical hazards.

    The new personal psychological hazard legislation

    Workplace safety isn’t just about physical risks anymore. Since April 2023, updates to the model Work Health and Safety (WHS) Regulations have required persons conducting a business or undertaking (PCBUs) to identify and manage risks such as unreasonable workloads, inadequate support, and workplace bullying, just as they would manage physical workplace safety risks.

    Safe Work Australia’s Model Code of Practice sets out how PCBUs (such as employers) should eliminate or minimise these risks so far as is reasonably practicable. While the code itself provides practical guidance, complying with the underlying health and safety duties is a statutory legal requirement.

    Supporting a return to work

    Good practice for supporting an employee returning from stress leave may include:

    • A gradual return, with reduced hours or duties where needed.
    • Access to an Employee Assistance Program (EAP), if available.
    • Reviewing workload and expectations before increasing responsibilities.
    • Regular, low-pressure check-ins — not an immediate return to business as usual.

    FAQ

    1. Can an employer refuse a medical certificate for stress?

    Generally, no. If a certificate is issued by a registered practitioner stating you’re unfit for work, it’s valid evidence of sick leave. However, the evidence still needs to be enough to satisfy a reasonable person that you were entitled to take leave.
    Casual workers don’t get paid personal leave, but they may be able to take unpaid time off when they’re unwell. If you are casual and unwell, you should tell your employer as soon as possible and check your agreement or workplace policy.
    Under the Fair Work Act, it’s unlawful to dismiss an employee for a temporary absence due to illness, including mental health condition. To qualify for this protection, they must provide reasonable evidence of the illness and stay within the applicable protected period.
    Yes. It comes out of your personal or carer’s leave balance, just like any other sick day.

    It depends on the doctor’s clinical assessment — it can range from a few days to several weeks. Doctors consulting via Hola Health can issue multi-day medical certificates for up to 7 days, if clinically indicated, following an assessment.

    If you’ve exhausted your paid sick leave, you can request to use your annual leave instead. This needs to be agreed with your employer.

    Reference links: 

    1. Burn-out an “occupational phenomenon”: International Classification of Diseases – reference link
    2. Sick and carer’s leave – reference link
    3. Psychological hazards – reference link

    Disclaimer: This article is for general information only and isn’t a substitute for individual medical or legal advice.

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