Stress leave in Queensland

How does stress leave work in Queensland?

For most Queenslanders, stress leave is paid sick leave under the national Fair Work Act. Full-time employees get 10 days of paid sick and carer's leave a year, part-time employees get a pro rata amount, and casuals don't get paid sick leave ^[9]. Fair Work says sick leave can be used for stress ^[9].

Your employer can ask for evidence, such as a medical certificate or statutory declaration, even for 1 day off ^[11]. Our main stress leave guide explains pay, notice and your protections from dismissal.

Queensland public servants are different. Queensland state public sector and local government employees remain under the Queensland state system rather than the national one ^[10]. If you work for the Queensland Government or a council, your sick leave comes from your state award or public sector rules.

Can you claim WorkCover for stress in Queensland?

Workers compensation in Queensland is set by the Workers' Compensation and Rehabilitation Act 2003. WorkCover Queensland insures most Queensland employers, while some larger employers are self-insured ^[3].

Under section 32 of the Act, an injury counts as a work injury if it's a personal injury arising out of, or in the course of, your employment, and your employment is a significant contributing factor to it ^[1]. That test applies to psychological injuries as well as physical ones under the current law ^[1].

WorkCover describes a mental injury as one that affects a person's mood, feelings, thoughts or behaviour and is caused by their job ^[2]. It gives examples such as being involved in or seeing a traumatic event at work, or long-term exposure to psychosocial hazards ^[2].

Unlike the new NSW rules, Queensland's current law doesn't limit psychological claims to a list of qualifying events ^[1]. The key questions are whether work was a significant contributing factor and whether an exclusion applies.

What isn't covered?

Section 32(5) says an injury doesn't include a psychiatric or psychological disorder arising out of, or in the course of ^[1]:

• reasonable management action taken in a reasonable way by your employer in connection with your employment
• your expectation or perception of reasonable management action being taken against you
• action by the Regulator or an insurer in connection with your application for compensation

The Act's examples of management action include action taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker ^[1]. WorkCover's own examples also include promotions and decisions about leave ^[2].

The word "reasonable" matters. The exclusion covers management action that is reasonable and taken in a reasonable way, so employers who manage workers reasonably aren't liable for resulting mental injury claims ^[8]. Whether a particular action was reasonable is often what a disputed claim turns on.

Is there a special rule for first responders?

Yes. Queensland has a presumption for post-traumatic stress disorder. If a psychiatrist diagnoses PTSD in the prescribed way, and you were employed as a first responder or an eligible employee before the diagnosis, the PTSD is taken to be a work injury ^[1]. The presumption can be rebutted if it's proved the disorder didn't arise from that employment, or the employment wasn't a significant contributing factor ^[1].

What support can you get while WorkCover decides?

WorkCover Queensland may fund some mental health treatment while it assesses your claim ^[2]. This can include:

• GP appointments
• counselling, psychology and psychiatry
• medication and travel costs

To be eligible, you need to have lodged a claim, have a work capacity certificate confirming a mental injury, and have been injured after 30 October 2019 ^[2]. WorkCover doesn't fund in-patient hospital costs or lost wages while it assesses the claim ^[2]. If the claim isn't accepted, the funding stops, but you won't have to pay back the treatment you received ^[2].

How do you make a WorkCover claim for a psychological injury?

1. Get a work capacity certificate. Ask your doctor for one at your first appointment for the injury, because WorkCover can't make a decision without it ^[3]. Doctors such as GPs and psychiatrists can complete one, but WorkCover can't accept certificates from psychologists or other allied health providers ^[4].
2. Lodge your claim. You generally need to lodge within 6 months of being diagnosed ^[3]. WorkCover may make an exception for a late claim in some circumstances, such as a genuine mistake, but a late claim may still not be accepted ^[3].
3. Assessment. WorkCover reviews your medical details, which may include an independent doctor, and contacts your employer for information ^[3].
4. Decision. Most claims are decided within 20 business days. If it takes longer, WorkCover will give you reasons in writing ^[3].

A work capacity certificate is more detailed than a normal medical certificate. It covers your diagnosis, when and how the injury happened, the treatment you need, and whether you can work, need time off or need changes at work ^[4]. Our guide to a stress leave certificate explains the difference.

What's changing in Queensland in 2026?

On 24 March 2026, the Queensland Government announced an independent review of the Workers' Compensation and Rehabilitation Act and the Industrial Relations Act, led by Glenn Ferguson AM and Gary Black ^[7]. The review's terms included the growth in primary and secondary psychological injury claims ^[7].

The government then introduced the Industrial Relations and Other Legislation Amendment Bill 2026 on 14 October 2026, and it was referred to a parliamentary committee ^[6]. For psychological injuries, the Bill as introduced would:

• change the test so that, for a psychiatric or psychological disorder, employment must be "the major significant contributing factor", while physical injuries keep the "significant contributing factor" test ^[5]
• add investigating alleged misconduct as an example of management action, and say that minor errors or omissions don't on their own make management action unreasonable ^[5][6]
• apply the new test only to injuries sustained after the change commences, with the current section 32 continuing to apply to injuries sustained before then ^[5]

The Bill also proposes shorter timeframes to ask for a review of an insurer's decision and monthly declarations for workers receiving payments ^[6].

A Bill isn't law until it passes Parliament and commences, and committees often recommend changes. If you're thinking about a claim, check the current status on the Queensland Parliament website or get advice.

For how other states compare, see workers compensation for stress.

When to see a GP

You don't need to know whether you have a WorkCover claim to see a GP. If work stress is affecting your sleep, mood or ability to cope, start there.

At Mental Health Clinic, your first appointment is a GP mental health assessment by video, about an hour long, available anywhere in Queensland. Your GP can start treatment if it's right for you, review you regularly, refer you to a psychologist or psychiatrist if needed, and complete a medical certificate where it's clinically appropriate. Read how to get stress leave for what to expect, or request an appointment.

If you're in crisis or thinking about suicide, call Lifeline on 13 11 14 or 000 in an emergency.

This page is general information, not legal or medical advice. Get advice about your own circumstances before making or disputing a claim.