Stress leave in Victoria

How does stress leave work in Victoria?

For most Victorians, 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].

Victoria is a little different from NSW and Queensland here. Most Victorian state government employees are covered by the national system too, with some exceptions such as senior public servants ^[10].

Our main stress leave guide explains how much leave you have, what it pays, the evidence your employer can ask for, and your protections from dismissal.

Can you claim WorkSafe for stress in Victoria?

Sometimes, but Victoria tightened the rules for mental injury claims from 31 March 2024 ^[3]. The changes came from the WorkCover Scheme Modernisation amendments to the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act), and they apply to mental injuries that occurred on or after 31 March 2024 ^[1].

There are now four hurdles to understand: the definition of mental injury, the requirement that work was the predominant cause, the stress and burnout exclusion, and the management action exclusion.

What counts as a mental injury in Victoria?

Under the WIRC Act, a mental injury must do both of these things ^[1]:

1. Cause significant behavioural, cognitive or psychological dysfunction.
2. Be diagnosed in accordance with the most recent version of the Diagnostic and Statistical Manual of Mental Disorders (DSM).

For WorkSafe purposes the diagnosis must come from a medical practitioner, such as a GP or psychiatrist. Psychologists can't provide it ^[1]. A diagnosis that doesn't follow the latest DSM isn't valid for these claims ^[6].

Does work have to be the main cause?

Yes. For a mental injury that occurred on or after 31 March 2024, it must have predominantly arisen out of or in the course of your employment ^[1]. WorkSafe says this means employment must be the single greatest cause of the injury, relative to all other non-work causes ^[1]. The same predominant cause test applies to claims for a recurrence or aggravation of a pre-existing mental injury ^[1].

What is the stress and burnout exclusion?

You're not entitled to compensation if your mental injury was predominantly caused by work-related stress or burnout arising from events that would be considered usual or typical, and reasonably expected to occur, in the course of your duties ^[1].

WorkSafe's practice directive explains the key terms ^[1]:

• Work-related stress is the physical and psychological response of a worker who perceives that the demands of their work or workplace exceed their ability or resources to cope.
• Burnout results from chronic or ongoing work-related stress that hasn't been successfully managed.
• Predominantly takes its ordinary meaning: the strongest or largest contributing factor relative to all the others, judged by applying common sense to the facts.

What's usual, and what isn't?

Because bullying, harassment and discrimination aren't considered usual events, injuries predominantly caused by them can be compensable, as long as the other conditions in the WIRC Act are met ^[1].

The trauma exception

The exclusion doesn't apply where the usual or typical events in your job are traumatic ^[1][2]. This matters for first responders and others whose normal work involves trauma. A PTSD diagnosis isn't required for the exception to apply ^[1].

WorkSafe describes traumatic events as emotionally shocking and capable of causing fear and distress. Fear of a possible future traumatic event isn't itself a traumatic event ^[1].

What is the management action exclusion?

Separately, there's no entitlement to compensation where a mental injury is caused wholly or predominantly by management action taken on reasonable grounds and in a reasonable manner, by a reasonable decision to take or not take management action, or by your expectation that such action would or wouldn't be taken ^[2].

In the claims manual, "wholly" means the management action was the whole and only cause. "Predominantly" means it outweighed all the other causes combined ^[2]. Whether the action was reasonable is judged objectively, and it must be lawful and not irrational, absurd or ridiculous ^[2].

What support can you get while WorkSafe decides?

Victoria has provisional payments for mental injury claims. These pay for reasonable treatment and services for a work-related mental injury while your claim is pending ^[4]. They can continue for up to 13 weeks even if your claim isn't accepted ^[4]. WorkSafe says provisional payments for a mental injury are decided within 5 days ^[5].

You're generally eligible if your claim form or certificate of capacity shows a mental injury, your employment is connected to Victoria, the claim is lodged with your employer, and no earlier claim for the same injury and circumstances was accepted ^[4].

What does an accepted WorkSafe claim pay?

If you can do some work, payments are reduced by what you earn ^[7]. For a psychiatric injury, impairment is assessed by an independent assessor using a set psychiatric impairment guide ^[8].

How do you make a WorkSafe claim for stress?

1. Report it to your employer within 30 days, in writing ^[5].
2. See a GP. If you're claiming weekly payments, you'll need a certificate of capacity ^[5]. The first certificate must come from a medical practitioner and can cover up to 14 days. Later certificates can cover up to 28 days ^[6].
3. Complete a worker's injury claim form, online or on paper. Your employer then completes their sections ^[5].
4. Keep receipts for treatment costs ^[5].
5. Wait for the decision. The WorkSafe agent has 28 days from receiving your claim to decide ^[5].

Our guide to a stress leave certificate explains how a certificate of capacity differs from an ordinary medical certificate. If you think you're heading towards burnout, it's worth getting help early, whether or not it ends up being a WorkSafe matter.

When to see a GP

You don't need to work out whether you have a claim before you see a GP. If work stress is affecting your sleep, your mood or your ability to function, an assessment is the right first step.

At Mental Health Clinic, your first appointment is a GP mental health assessment by video, about an hour long, available anywhere in Victoria. Your GP can start treatment if it's right for you, review you regularly, refer you to a psychologist or psychiatrist if needed, and issue a medical certificate where it's clinically appropriate. See 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.