Coming back after a mental-health absence works best as a gradual, planned return — and you generally do not have to disclose your diagnosis, only enough about what you can safely do. Here is how phased return works, what to say (and keep private), your legal protections, and the path for self-employed subbies who have no employer scheme.
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Phased return and modified duties
A gradual, graded return with modified duties is the recognised, recommended approach in Australian WHS guidance (Safe Work Australia's return-to-work guidance; the Black Dog Institute's Worker Recovery Toolkit) — not special favours, just standard good practice. Hours and tasks are built up over time per medical advice, with adjustments like reduced hours, flexible start and finish, a temporary task change, a quieter location, extra supervision, or changed sequencing.
In construction the adjustments look trade-specific: temporarily moving off high-risk tasks (heights, high-risk plant), reducing exposure to the psychosocial hazards (time pressure, bullying, isolation) that may have contributed, and less-isolated, more-supervised work. Crucially, if work factors caused the absence (a traumatic incident, bullying, relentless workload), the PCBU should address those hazards before and during the return — not just slot the person back into the same conditions (see Employer Mental Health Duty).
What to disclose — and what stays private
This is the part workers most need to know:
- You have no general legal duty to disclose your diagnosis. If your condition does not affect your ability to work safely, you do not have to disclose it at all.
- But under WHS you must not unreasonably put others at risk — so if your condition could foreseeably affect safety (panic attacks at heights, medication effects on alertness), you must disclose enough about your functional limits and safety risks for the PCBU to manage them.
- The employer is entitled to capacity information — a fit note or capacity certificate stating what you can and cannot do, recommended hours, restrictions and a review date — not your clinical notes. Your diagnosis, medication and counselling content stay private.
Scripts:
- To a supervisor: "I have been off due to a health condition. My doctor says I am ready to come back gradually — for the next four weeks they recommend four-hour days, no work at heights and no overtime. I would like to work out a return-to-work plan around those restrictions."
- To HR: "I am happy to share my doctor's capacity certificate, but I would prefer to keep the specific diagnosis private. The key points: light duties, avoid high-risk tasks, and flexibility around medical appointments."
Your legal protections
- The DDA 1992 and state anti-discrimination laws make it unlawful to discriminate because of a disability (expressly including mental-health conditions) — that covers refusing to hire, firing, demoting, cutting hours, or penalising you for taking MH-related leave — unless you genuinely cannot perform the inherent requirements even with reasonable adjustments. Failing to make reasonable adjustments is itself discrimination. Complaints go to your state anti-discrimination agency or the AHRC.
- WHS adverse-action and victimisation protections also apply — you cannot be punished for raising a safety issue, taking sick leave or making a comp claim, and any performance process must be kept separate from the fact you have a condition.
The line to hold: you do not have to tell them your diagnosis; you do need to be honest about what you can safely do on site; and they must not punish you for having a condition or taking supported leave.
Self-employed subbies — no scheme, you are your own PCBU
If you are self-employed there is no employer-run return-to-work and usually no employer sick pay, and workers' comp depends on your engagement and state law (genuine sole traders are often uncovered unless self-insured; deemed workers and labour-hire are exceptions). But you are still a PCBU — so do not return to high-risk tasks until you are fit, control your own psychosocial risks (hours, job selection, isolation), and decline work you cannot do safely. Your support options:
- Centrelink — the Disability Support Pension for a permanent or long-term (generally 2+ year) condition with at least 20 impairment points and a continuing inability to work 15 or more hours a week within two years even with support (the self-employed can qualify); otherwise JobSeeker with a temporary or partial-capacity assessment.
- Disability Employment Services (DES) for staged re-entry and job redesign (open to some self-employed).
- Income protection or TPD through your super, if you hold cover (policy-specific, separate from Centrelink — see Tools & Income Protection Insurance).
A practical self-managed return: a medical reality check (realistic hours and task restrictions) → financial triage (your accountant on the income drop and Centrelink eligibility, income protection) → work redesign (lower-risk, lower-stress jobs, no principal-contractor responsibility at first) → a support network (GP, psychologist, peer tradies, delegating admin or quoting if it is a trigger).
Common mistakes
- Thinking you must disclose your full diagnosis (you do not — capacity info is enough).
- An employer slotting someone back into the conditions that caused the absence.
- Penalising a worker for MH-related leave (that is unlawful discrimination).
- A self-employed subbie returning to high-risk work before they are fit because there is "no choice".
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