Employee rights when off work with depression

Depression-related workplace absences are on the rise, and they aren’t simply a wellbeing issue, they’re a compliance risk. When organisations mishandle mental‑health related absence, they increase the likelihood of breaching the Equality Act 2010, long‑term absences, lower productivity and higher costs.

If an organisation takes the time to properly manage workforce wellbeing and depression related absences, they can ensure legal compliance, reduce workplace absence frequency and times whilst strengthening organisational trust and reputation.

Depression and poor mental health are now leading the way in long-term workplace absences and second only to minor illnesses for short-term absences. This not only causes significant operational disruption, but can be hugely damaging to workforce morale as presenteeism increase which ultimately results in higher workforce turnover and costs.

ONS data shows 148.9 million working days were lost in 2024 across the UK due to sickness absence, and declining mental health accounted for a rapidly growing share of those days. This including a 40% rise in mental‑health‑related sick days in a single year.

The evidence only becomes clearer when reviewing HSE data which reports that 22.1 million working days were lost to stress, depression or anxiety in 2024/25 and on average, just under 23 days were lost to poor mental health.

It is clear to see the importance of ensuring the mental health and wellbeing of individuals in the workplace is protected. Organisations must take a structured, legally compliant approach to depression‑related absence.

The compliance landscape for depression‑related absence

Organisations must treat mental with the same level of precaution, care and diligence as they might a physical injury or illness. Organisations have a legal duty of care to safeguard the health, safety and wellbeing of their people. This will mean that risk assessments will need to be completed and should consider hazards that can lead to stress among individuals to safeguard workforce mental wellbeing.

Equality Act 2010: When depression becomes a disability

Depression can meet the disability threshold when it has a substantial, long‑term adverse effect (lasting or likely to last 12 months+) on normal day‑to‑day activities. When this threshold is met, organisations must consider reasonable adjustments and must not discriminate.

Sick leave & proof requirements

For the first 7 calendar days of absence, individuals can self-report any illnesses, including depression, stress and poor mental health. From day 8, they need a fit note issued by a healthcare professional or occupational therapist, per government guidance. This process can now be simplified as fit notes are now fully digital, making record‑keeping and return-to-work processes and tracking more consistent.

Statutory Sick Pay (SSP)

Under current SSP rules, eligible employees may receive SSP for up to 28 weeks, paid from day 4 of absence. However, under upcoming changes under the Employment Rights Act 2025, Lower Earnings Limit will be removed as will waiting days, making SSP payable from day one from 6 April 2026.

These reforms are designed to increase fairness and reduce financial pressure on lower‑income individuals but will have significant cost implications for organisations. It is predicted that this change will cost UK organisations £1.6 billion, so it is necessary to adjust wellbeing and return-to-work policies to avoid depression related absences as the impact could be huge.

Depression sick note UK”: using fit notes effectively

Fit notes are more than just a proof of illness. It’s a tool for organisations to prevent further absences where possible and can inform safe decision and reasonable adjustments.

When a professional indicates an individual “may be fit for work”, HR and leadership teams should:

• Review clinical advice immediately

• Explore reasonable adjustments

• Agree a structured plan with clear timeframes and review points

• Record decisions in writing

• Avoid relying on generic, ‘one-size-fits-all' policies

If adjustments are not practical, the note should be treated as “not fit for work”. To avoid further issues, it is necessary to explore proactive and early support measures such as providing individuals access to wellbeing resources to become improve resilience.

Where symptoms are complex, recurrent or unclear, timely clinical clarity helps reduce risk. In such instances, organisations may benefit from an Occupational Health Assessment to ensure risks are caught, assessed and compliant adjustments can be made.

Organisation requirements when an employee is off with depression

When it comes to depression‑related absence, individuals have clear rights, and organisations must manage these rights consistently to remain compliant with UK legislation.

Non‑discrimination and reasonable adjustments

If depression meets the Equality Act disability definition, organisations must not discriminate and must consider reasonable adjustments. This remains the case even if the individual hasn’t disclosed their condition or used the term “disability” to describe their condition. Legislation and compliance laws focus on impact, not labels.

Sick pay entitlements.

Individuals may be entitled to SSP or enhanced contractual sick pay when absent from work with depression. These payments are in no way limited to physical conditions, and organisations should be weary as the SSP rules changes could easily lead to costs ballooning if workplace mental health and wellbeing isn’t properly managed.

Appropriate contact

Best practice is to agree frequency, purpose and method of contact. Too little contact creates isolation; too much feels pressurising and can worsen feelings of stress and anxiety to add to depression and burnout.

Addressing work‑related factors

If workload, relationships, role demands or clarity have contributed to a depression related absence, this must be risk‑assessed and mitigated. Work‑related stress must be treated as a health and safety issue.

Confidentiality

Health information must only be shared on a strict need‑to‑know basis. This is essential in not only a legal sense, but to the effectiveness of supporting individuals struggling with depression and poor mental health. If they do not feel confident and secure, their mental health may only worsen again.

Operational duties during depression‑related absence

To meet legal obligations and reduce operational risk, HR and leadership teams should ensure:

• Fit notes collected from day 8 of an absence and securely stored

• Adjustments recorded with review dates

• Clear audits and records for any decisions made

• Stress risk assessments updated if workplace factors contribute

• HR and leadership teams know how to identify early warning signs

• Occupational Health referrals made when required

It is vital that these processes are regulated, governed and maintained. Mental ill‑health is the top cause of long‑term absence (41%) and a leading cause of short‑term absence, so if processes are improperly managed, they can quickly spiral and worsen.

Reasonable adjustments for depression

Tailor adjustments to the individual and review them regularly. Organisations must consider reasonable adjustments that remove or reduce disadvantage at work where needed.

Typical adjustments include changes to hours, tasks, environment, communication, phased returns, and dedicated time for wellbeing and healthcare. This is implemented with input from the individual who has been absent and this is then kept under review for any amends if necessary.

What effective reasonable adjustments look like

• Working patterns: flexible start/finish times, temporary reduction in hours, and phased returns following clinical advice.

• Role & workload: short‑term task reallocation, extended deadlines, and clearer priorities to reduce excessive demands.

• Environment & tools: quieter space, predictable meeting agendas, written follow‑ups, and clarity on availability to limit “always‑on” pressure.

• Support & access: signpost to counselling, peer support, and practical self‑management tools; adopt Wellbeing Action Plans to capture triggers and support preferences.

Return‑to‑work planning for depression

After any mental‑health‑related absence, including depression, it is vital to conduct a structured return-to-work meeting with the individual to confirm current symptoms, capacity to fulfil their role, any necessary adjustments and to agree a review cycle. Consistent processes reduce risk, improve outcomes and support fair decision‑making.

Key elements of a return-to-work process: • Phased return with clear milestones, linked to clinically informed capacity.

• Defined adjustments (hours, duties, environment) and a review cadence to scale up safely or pause if symptoms flare up.

• Leadership team check‑ins and regular one-to-one meetings that are focused on early warning signs, progress vs. planning, and any issues with workload or relationships.

• Clinical guidance where needed: use a Virtual GP for quick medical input and an Occupational Health Assessment to accelerates safe, effective and sustained returns to work.

Where psychological distress or burnout is suspected, individuals may require expert support. This may come in the form of short-term, solution-based counselling. This can be made available to people through an Employee Assistance Programme. This can not only shorten recovery timelines but can also reduce the risk of relapse and further absences.

Practical steps for leadership teams

Policy is one thing. Translating that into action and results with targeted, measurable steps is another. But it is not only necessary to ensure that your people are safeguarded against the risks of workplace depression and possible absences, it reduces organisational risk:

• Update core policies – ensure sickness absence, mental‑health, and return-to-work policies reflect fit‑note rules, equality duties and the 2026 SSP changes.

• Strengthen leadership capability – most organisations still report safeguarding skill gaps. Equipping leadership teams with HR and management support and training to spot the early signs of depression and then hold safe conversations to effectively implement adjustments consistently is the key to reducing depression related absences.

• Document decisions – maintain a clear trail (fit‑note advice, agreed adjustments, Occupational Health input, review dates) to evidence procedural fairness and reduce the risk of legal incompliance.

• Benchmark and track outcomes – monitor absence days and their causes as well as the utilisation of support and sustained return-to-work rates against national trends to demonstrate the effectiveness of wellbeing policies and refine plans if necessary.

How an EAP reduces depression‑related absences

Your organisation needs fast, expert‑led pathways that prevent depression related absences and ensure that any short‑term absence don’t become costly long‑term. With HA | Wisdom Wellbeing clinically led and accredited Employee Assistance Programme (EAP), your people can access expert support 24/7, 365-days a year.

Whether it be individuals or HR and leadership teams, your organisation is afforded all the wellbeing support it needs to succeed through a holistic, well-rounded approach. Our industry leading service is designed to prevent and shorten workplace absences through short-term, solution-based counselling to reduce escalation, workforce turnover and ensure a healthy, legally compliant workplace culture.

Combine this with our HR management and support services, your leadership teams can access expert guidance on sensitive conversations, reasonable adjustments and wellbeing concerns to turn policy into daily practice and build a healthier environment.

With provable results of an 84% reduction rate in workforce depression and anxiety across 88,000 organisations, our assistance programme can act as the first line of defence against the impact of depression related absence. This is all while preventing longer-term absences through dedicated, expert support.

Conclusion

It has been found that 1 in 5 people in the UK workforce are taking time off for stress‑related mental health in 2026, all whilst 91% are reporting high pressure. When considering this, it is no wonder why depression related absences are on the rise and why they are so impactful. Millions of working days lost, legal exposure if processes are mishandled, and a widening gap between stated intentions and day‑to‑day capability.

Organisations that treat depression‑related absence as a governed, clinical‑and‑managerial workflow achieve safer decisions, shorter absences and a stronger culture of trust and care. It is vital to treat mental and physical health equally, maintain a duty of care, and manage risks with the same rigour as any other health concern.

FAQs

1. Can someone be signed off work with depression and do we need medical evidence?

Yes. Time off for depression can be certified on a fit note after the first 7 calendar days of self‑certification; from day 8 medical evidence is required under standard sick‑leave rules.

2. Is depression a disability under the Equality Act?

It can be. If the condition has a substantial and long‑term adverse effect (typically 12 months+ or likely to recur) on normal day‑to‑day activities, the duty to consider reasonable adjustments applies and discrimination is unlawful.

3. What reasonable adjustments help with depression?

Adjustments usually focus on working patterns (flexibility, phased return), role and workload (temporary task changes, extended deadlines), and environment/communication (quieter space, predictable agendas, written follow‑ups). These should be agreed with the individual and reviewed regularly.

4. How should we manage contact during mental‑health absence?

Agree a contact plan (frequency, channel, purpose) that supports wellbeing without pressure, and record key decisions.

5. What process should HR follow to reduce legal and operational risk?

Keep it repeatable: log the concern; apply sick‑leave rules (self‑cert to day 7, fit note from day 8); use the fit‑note advice to plan adjustments or continued absence; assess work factors; and hold a return‑to‑work meeting with clear milestones and reviews.

6. Do the 2026 SSP changes affect depression‑related absence?

Yes. From 6 April 2026, waiting days are removed (day‑one SSP), the Lower Earnings Limit is removed, and for lower earners the rate will be 80% of Average Weekly Earnings or the flat rate (whichever is lower). Prepare policies and payroll now; apply current rules until commencement.