In Queensland, you take stress leave as paid personal leave. If work was a significant contributing factor to a diagnosed psychological injury, you can also claim WorkCover, unless reasonable management action caused it, and your annual, sick and long service leave keep accruing while compensation is paid.
Queensland sets a lower bar than NSW and has no Victorian-style burnout exclusion, but its deadlines cost money: lodge more than 20 business days after your entitlement arises and the back pay shrinks. This guide sets the leave you can use while you wait against the 2026-27 WorkCover rates, including the floor of 80% of QOTE ($1,595.60 a week) for workers without an award or agreement. Elsewhere, see stress leave in NSW or stress leave in Victoria.
Key takeaways
- Stress is a valid reason to use paid personal leave, with no minimum or maximum per absence. Casuals have none.
- WorkCover covers a psychological injury where employment is a significant contributing factor (s 32). There is no list of qualifying events.
- The carve-out: nothing is payable for a disorder arising from reasonable management action taken in a reasonable way, which the Act says can include decisions about leave (s 32(5)).
- Lodge within 20 business days to protect your back pay, and never later than 6 months. The insurer must decide within 20 business days.
- Your employer pays the first week. Then the greater of 85% of normal weekly earnings or, with no award, 80% of QOTE ($1,595.60), capped at your normal earnings, for 26 weeks.
- You keep taking and accruing annual, sick and long service leave while on compensation (s 119A).
Personal leave covers you first
Queensland law adds no stress leave on top of the NES personal leave entitlement. When stress leaves you unfit for work, you draw on that balance, which the Fair Work Ombudsman says "can include stress". The Ombudsman also says "There is no minimum or maximum amount of paid sick or carer's leave that can be taken at a time", so a long absence can use the lot.
Part-timers accrue in proportion to their hours: 1/26 of a year's ordinary hours. Kai works 35 hours a week at $40 an hour, so he builds 70 hours a year (35 x 52 / 26).
| Kai's personal leave | Figure |
|---|---|
| Accrual a year (1,820 ordinary hours / 26) | 70 hours |
| Balance after a year and a half, unused | 105 hours |
| Weeks it covers (105 / 35) | 3 weeks |
| Paid (105 x $40) | $4,200 |
Enter your hours in the sick leave calculator to see what you have, or tally what you have accrued so far using accrued sick days.
"This can include stress and pregnancy related illnesses." "There is no minimum or maximum amount of paid sick or carer's leave that can be taken at a time." The entitlement is "pro-rata for part-time employees. This can be calculated as 1/26 of an employee's ordinary hours of work in a year." "All employees except casuals are entitled to paid sick and carer's leave." Content last updated 10 August 2026, retrieved 7 October 2026. Kai's wages are illustrative.
When stress is a WorkCover claim in Queensland
Whether a claim succeeds decides what happens to your pay and your balance: once WorkCover accepts it, compensation replaces wages and your leave keeps building. The Workers' Compensation and Rehabilitation Act 2003 asks one question about cause.
A significant contributing factor, not the main one
Under s 32(1), an injury arises out of or in the course of employment "if the employment is a significant contributing factor to the injury". Work does not have to be the only cause or the biggest one, and you do not have to fit a list of events. That is a lower threshold than NSW, which since July 2026 requires a defined relevant event and work as the main factor.
Reasonable management action
Section 32(5) removes psychological and psychiatric disorders arising from three things: reasonable management action taken in a reasonable way, your expectation or perception of that action, and action by the Regulator or an insurer on your compensation application. The Act's examples include action to transfer, demote, discipline, redeploy, retrench or dismiss you, and "a decision not to award or provide ... leave of absence". A leave request turned down reasonably, and in a reasonable way, therefore cannot be the basis of a claim.
s 32(1): "An injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury." s 32(5): "injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances (a) reasonable management action taken in a reasonable way by the employer in connection with the worker's employment; (b) the worker's expectation or perception of reasonable management action being taken against the worker; (c) action by the Regulator or an insurer in connection with the worker's application for compensation." Examples: "action taken to transfer, demote, discipline, redeploy, retrench or dismiss the worker"; "a decision not to award or provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with, the worker's employment". Current in-force reprint, retrieved 7 October 2026.
How to apply for stress leave in QLD
- Tell your employer and take personal leave. Provide evidence when your employer requests it. The evidence rules are covered in doctor's certificate for sick leave and the sick leave evidence guide.
- See a doctor. For WorkCover, ask for a work capacity certificate that confirms the diagnosis of a psychological injury.
- Lodge the claim with WorkCover Queensland at workcoverqld.com.au, on its new number 1300 927 928 (from 10 August 2026), or with your employer if it is self-insured.
- Watch the two lodgement limits. The claim is valid only if lodged within 6 months after your entitlement arises. Lodge after 20 business days and compensation runs from no earlier than 20 business days before the lodgement date.
- Expect a decision within 20 business days of the application.
- If it is accepted, WorkCover says you may get back pay from the date you first saw your doctor, within the 20-business-day limit above.
Take Sam, whose entitlement arises on Tuesday 13 October 2026, the day he first sees a doctor. Counting weekdays and skipping Queensland's statewide public holidays (none fall in these windows):
| Sam's situation | Rule | Date |
|---|---|---|
| Lodges the same day | Decision within 20 business days (s 134(2)) | By Tue 10 Nov 2026 |
| Lodges the same day | Back pay can run from the first doctor visit | From Tue 13 Oct 2026 |
| Lodges on Mon 14 Dec 2026 instead | Compensation from no earlier than 20 business days before lodging (s 131(2)) | From Mon 16 Nov 2026 |
| Cost of the delay | Business days from 13 Oct to 13 Nov fall outside the window | 24 business days, close to 5 weeks |
| Last valid lodgement | 6 months after the entitlement arises (s 131(1)) | Tue 13 Apr 2027 |
Sam can cover those first weeks with personal leave either way. The difference is whether WorkCover later pays for them.
Workers' Compensation and Rehabilitation Act 2003 (Qld) s 131(1): "An application for compensation for an injury is valid and enforceable only if the application is lodged by the claimant within 6 months after the entitlement to compensation for the injury arises." s 131(2): "If an application is lodged more than 20 business days after the entitlement to compensation arises, the extent of the insurer's liability to pay compensation is limited to a period starting no earlier than 20 business days before the day on which the valid application is lodged." s 134(2): "The insurer must make a decision on the application within 20 business days after the application is made." (current reprint, retrieved 7 October 2026.) WorkCover Queensland, Weekly payments and compensation: "You may also get a backpay from the date you first saw your doctor." (Last updated 24 September 2026.) WorkSafe Queensland, Weekly compensation: "From 10 August 2026, WorkCover Queensland will be available at workcoverqld.com.au and will have a new phone number 1300 927 928." (Modified 10 August 2026.) Both retrieved 6 October 2026.
Treatment while your claim is decided
During the assessment, the insurer can usually fund psychological treatment: GP mental health appointments, counselling or psychology sessions, psychiatry appointments, reasonable travel costs and medication such as antidepressants. To get it you need to have lodged a claim and hold a work capacity certificate confirming a psychological injury diagnosis. If the claim is rejected the funding stops, but you do not repay treatment already received.
That money pays for care, not wages. Until the decision, and for anything WorkCover does not back pay, your income comes from personal leave and then annual leave.
"While a claim is being assessed, a worker can usually access certain psychological health treatments funded by their insurer." Treatment "might include: GP mental health appointments; counselling or psychology sessions; psychiatry appointments; reasonable travel expenses ...; medication, such as antidepressants." "To access early psychological support, a worker needs to have lodged a workers' compensation claim and have a work capacity certificate from their doctor confirming the diagnosis of a psychological injury." "If this happens, funding for treatment will stop but a worker won't have to pay back the costs for treatment already received." Modified 10 August 2026, retrieved 6 October 2026.
WorkCover weekly compensation in 2026-27
Queensland pays against two yardsticks. Normal weekly earnings (NWE) are worked out from what you earned in the 12 months before the injury. QOTE, Queensland ordinary time earnings, is $1,994.50 from 1 July 2026 (it was $1,953.70 from 1 July 2025). So 80% of QOTE is $1,595.60 and 70% is $1,396.15.
| Period | Covered by an award or agreement (s 150) | Not covered (s 151) |
|---|---|---|
| First week | Paid by your employer as its excess | |
| Up to 26 weeks | The greater of 85% of NWE or the amount under your industrial instrument | The greater of 85% of NWE or 80% of QOTE ($1,595.60), never more than your NWE |
| 26 weeks to 2 years | The greater of 75% of NWE or 70% of QOTE ($1,396.15) | |
| 2 to 5 years | The same, if the injury could result in more than 15% impairment; otherwise the single pension rate | |
| Payments stop | When the incapacity ends, after 5 years of weekly payments, or when the maximum amount under the Act is reached | |
The QOTE floor is easy to miss. If no award or agreement covers you and your NWE is below $1,877.18 (where 85% of NWE equals $1,595.60), the floor lifts your first-26-week payment above 85%. At an NWE of $1,595.60 or less, it pays 100% of your normal earnings.
| NWE | Sick leave, while it lasts | Up to 26 weeks, no award | Up to 26 weeks, award covered | 26 weeks to 2 years |
|---|---|---|---|---|
| $1,400 | $1,400 | $1,400 (100%) | $1,190, or the instrument amount if higher | $1,396.15 |
| $1,800 | $1,800 | $1,595.60 | $1,530, or the instrument amount if higher | $1,396.15 |
| $2,400 | $2,400 | $2,040 | $2,040, or the instrument amount if higher | $1,800 |
| $3,000 | $3,000 | $2,550 | $2,550, or the instrument amount if higher | $2,250 |
The sick leave column assumes your NWE equals your ordinary weekly pay.
Kai, no award, NWE $1,400. Up to 26 weeks: 85% is $1,190 and 80% of QOTE is $1,595.60; the greater is capped at his NWE, so he receives $1,400, his full normal pay. From week 27: 75% is $1,050 against 70% of QOTE at $1,396.15, so $1,396.15.
Chloe, award covered, NWE $2,400, award amount $1,300 a week (illustrative). Up to 26 weeks: 85% of NWE is $2,040, higher than the award amount, so $2,040. From week 27: 75% is $1,800, above $1,396.15, so $1,800.
Workers' Compensation and Rehabilitation Act 2003 (Qld) s 150(1): "(a) for the first 26 weeks of the incapacity, the greater of (i) 85% of the worker's NWE; (ii) the amount payable under the worker's industrial instrument; and (b) from the end of the first 26 weeks ... until the end of the first 2 years ..., the greater of (i) 75% of the worker's NWE; (ii) 70% of QOTE", and for years 2 to 5 the same if the injury "could result in a DPI of more than 15%", otherwise "an amount equal to the single pension rate". s 151(1)(a): "the greater of (i) 85% of the worker's NWE; (ii) 80% of QOTE"; s 151(2): "However, the amount must not be more than the worker's NWE." s 144A(1) and s 66(2) (stopping points, employer excess). Current reprint, retrieved 7 October 2026. WorkSafe Queensland, What is QOTE?: "01/07/2026 | 1,994.50"; "01/07/2025 | 1,953.70" (modified 2 July 2026). WorkCover Queensland, Weekly payments and compensation: "Your employer pays the first week's compensation as their excess payment." "We work out your weekly compensation using what you earned in the 12 months before your injury or illness. This is called your normal weekly earnings (NWE)." (Last updated 24 September 2026.) Both retrieved 6 October 2026. The 80% and 70% QOTE figures and the $1,877.18 crossover are calculated from these sources.
Your leave keeps accruing on WorkCover
This is where Queensland stands apart. Section 119A(2) says a worker on compensation "is entitled to take or accrue annual leave, sick leave and long service leave" for the compensation period, and its note says this removes the Fair Work Act s 130(1) restriction for national system employees. So weeks on WorkCover still build your balances, and you can still take leave during them.
At Kai's 70 hours a year, 26 weeks on compensation adds 35 hours of personal leave, a full week of his ordinary hours, ready for when he returns. Long service leave accrues as well; the QLD long service leave calculator shows what your service is worth.
Super is different. WorkCover does not pay it, and WorkSafe says an employer "may still have to pay super" during a claim. For the general accrual rules across other kinds of leave, see accruing leave while you are on leave.
Workers' Compensation and Rehabilitation Act 2003 (Qld) s 119A(2): "The worker is entitled to take or accrue annual leave, sick leave and long service leave under an Industrial Act or industrial instrument during the period to which the compensation relates. Note: In relation to entitlements under the Fair Work Act 2009 (Cwlth), this section removes the restriction under section 130(1) of that Act." (current reprint, retrieved 7 October 2026.) WorkSafe Queensland, Weekly compensation: "An employer may still have to pay super while a worker is receiving workers' compensation." (Modified 10 August 2026, retrieved 6 October 2026.)
Can you be dismissed while on stress leave?
The national protection covers you while you are using paid sick leave. Once that runs out, it holds while the absence is shorter than 3 months in a row and shorter than 3 months altogether over the last 12 months. Being away within those limits is not a lawful reason to dismiss you. The Fair Work Ombudsman also flags possible extra protection under state workers compensation law; the Queensland provisions are not covered here.
The 3-month count is worked through in fired for too many sick days.
Protected if "away for less than 3 consecutive months or less than 3 months in total over the last 12 months, or still using their paid sick leave." "additional protections may apply under state and territory workers compensation and rehabilitation laws." Content last updated 10 August 2026, retrieved 7 October 2026.
Queensland public servants and teachers
Sick leave for Queensland government employees, including state school teachers, is set by public sector awards, agreements and directives. This guide does not cover those instruments, so check your department's own leave policy for the amount and the evidence it expects.
Stress leave in QLD: questions
Is stress leave paid in Queensland?
Yes, through paid personal leave until your balance runs out. If a work-related psychological injury claim is accepted, WorkCover compensation takes over, and back pay can reach the date you first saw a doctor.
How do I apply for stress leave in QLD?
Tell your employer and take personal leave. For WorkCover, get a work capacity certificate confirming the diagnosis and lodge a claim, ideally within 20 business days and no later than 6 months.
Can I get WorkCover for stress in Queensland?
Yes, if your employment was a significant contributing factor to a psychological injury and reasonable management action, taken in a reasonable way, was not the cause.
How long does WorkCover take to decide?
The insurer must decide within 20 business days after you apply. A claim lodged on Tuesday 13 October 2026 is due a decision by Tuesday 10 November 2026.
How much does WorkCover pay in QLD?
For 26 weeks, the greater of 85% of your normal weekly earnings or, if no award covers you, $1,595.60 (80% of QOTE), not exceeding your normal earnings. After that, the greater of 75% of earnings or $1,396.15.
Who pays the first week?
Your employer, which pays that week as its excess.
Do I keep accruing leave on WorkCover in QLD?
Yes. Section 119A lets you take and accrue annual, sick and long service leave during the compensation period.
Can I get counselling paid while my claim is assessed?
Usually, once you have lodged a claim and have a work capacity certificate confirming a psychological injury. If the claim fails, you keep what was already paid for.
How many days of stress leave can I take?
All of your accrued personal leave. Nothing in the national rules caps a single absence.
Can I be sacked while on stress leave?
Not for the absence itself, so long as your paid sick leave is still running or your time away totals under 3 months in a year.
Workers' Compensation and Rehabilitation Act 2003 (Qld), current in-force reprint: ss 32, 66, 119A, 131, 134, 144A, 150, 151. Retrieved 7 October 2026. WorkCover Queensland, Weekly payments and compensation (last updated 24 September 2026). WorkSafe Queensland: Weekly compensation (modified 10 August 2026); What is QOTE? (modified 2 July 2026); Psychological injuries (modified 10 August 2026). Retrieved 6 October 2026. Fair Work Ombudsman: Paid sick and carer's leave and Long periods of sick leave, both updated 10 August 2026, retrieved 7 October 2026.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.