Rest Assured: Discussing Mental Health Leaves in the Legal Industry

We often hear about the importance of mental well-being or maintaining mental health, especially with news cycles reporting on the suicides by students, corporate employees, and public figures alike. These tragedies serve as a stark reminder that mental health is not just a personal issue; it is a societal imperative that demands our attention and action.

In this article, we aim to tackle several pressing questions:: what is mental health? Why do we need to pay attention to it? Are lawyers especially susceptible to poor mental well-being? And much more.

According to the World Health Organization, mental health is a state of mental well-being that enables people to cope with the stresses of life, realize their abilities, learn well, work well, and contribute to their community. It is an integral component of health and well-being that underpins our individual and collective abilities to make decisions, build relationships, and shape the world we live in.¹

With the onset of late-stage capitalism and economic crises, there has been a notable increase in mental health issues such as unhappiness, intense stress, and anxiety, caused by people’s jobs on a global scale. This has been exacerbated by increased connectivity due to technology, as people are now unable to ‘switch off’ from their work mode, especially when their workplaces do not value work hour boundaries, thereby resulting in mental fatigue and emotional exhaustion. The evolving workplaces in the 21st century have made jobs a source of mental and physical health issues rather than providing the means to a fulfilling life. Often, people’s jobs, especially lawyers, consume the entirety of their being, seldom leaving time for adequate rest, sleep, recreational activities, and time with loved ones. This has called for a change in how employers view employees and care for their well-being, even if it’s just to ensure low absenteeism, maintained productivity, and reduced resignations, to avoid costs for themselves.²

In India, as per an Indian fitness company GOQii’s survey³ of its 6 million users, at least 26% of Indians suffer from stress due to their workplace. The survey also mentioned that the number of women experiencing stress had increased in the last four years due to the pressure to balance family, work, and health issues, since women are still the ones usually responsible for the domestic duties.

According to a recent survey by Deloitte⁴ on mental health and well-being at work, consisting of approximately 4000 working individuals from 12 industries, over 80% of respondents said they had experienced at least one poor mental health symptom. Depression ranked the highest at 59%, burnout or emotional exhaustion ranked second at 55%, irritability or anger at 51%, sleep problems at 50%, and anxiety at 49%. Stressors related to the workplace were the most prevalent, with 47% of the respondents identifying work as the source of their stress.

MENTAL HEALTH AND LAWYERS

In this background, it is not surprising that one of the high-stakes, stressful jobs, i.e., law, also comes with a notable probability of being mentally unwell.

The legal industry is infamous for long working hours, unending deadlines, little to no work-life balance, poor pay for newcomers, high pressure, and stressful work environments, and many such circumstances that have an intense impact on one’s mental health. Despite the prevalence of such issues, there is seemingly a lack of conversation, much less support, or sympathy from the workplace.

“As a practicing advocate often working 14—15 hours a day, six days a week, I know firsthand how mentally draining this profession can be. Without adequate rest and time to recharge, fatigue and burnout become inevitable.”

-Anonymous, Advocate, Delhi High Court and District Courts

The impact of such working conditions, inter alia, other factors, has a visible impact. Numerous studies and surveys have raised alarm bells on the psychological distress experienced by lawyers and legal professionals.

Also Read: Mental Health and the Legal Profession | SCC Times

In 2016, the American Bar Association Commission on Lawyer Assistance Programs and Hazelden Betty Ford Foundation released their study on the mental health status of approximately 13,000 practicing lawyers in the USA. The survey reflected what the industry had been feeling for years, i.e., 21% of the respondents had an alcohol problem, 11% had issues with drug use, and approximately 28%, 23% and 19% suffered from some level of depression, stress, and anxiety, respectively.⁵ From a gendered lens, it was found that women lawyers were more likely to have moderate to severe levels of work-family conflict, excessive commitment, anxiety, depression, stress, and alcohol issues.⁶

These numbers worsened during the pandemic, and not much improvement has been recorded to date. As per a 2021 study⁷, 51.3% of lawyers exhibited signs of dangerous alcohol consumption, with women taking the lead at 34% and men accounting for 25.4%.

A 2023 study⁸ of almost 2000 lawyers in America revealed that 66.3% participants believed their time in the legal profession had been detrimental to their mental health, 34.2% stated that it had led to increased alcohol/substance use, and 46% contemplated leaving the profession due to mental health issues, burnout, or stress. Furthermore, 8.5% of the respondents reported suffering from suicidal ideation.

These are not just statistics, and not statistics limited to other countries; many Indian lawyers and legal professionals speak about their health struggles due to long sitting hours or high-stress cases, an impending burnout, permanent fatigue, anxiety, and depression. Though their lived experiences are not boiled down to nationwide statistics, that does not negate the validity of such issues. However, despite such active acknowledgment of a brewing crisis within our social circles and group chats, nothing seems to change.

In fact, there is a lack of nationwide or even decently sized surveys on Indian Lawyers and their mental health. Lack of such crucial data further conceals and normalizes the poor working conditions that many legal professionals face.

Also Read:

• Break the Silence: Let’s Talk About Mental Health | SCC Times

• Musing on Mental Health — Bench and the Bar | SCC Times

MENTAL HEALTH LEAVES AND THEIR NEED

One of many solutions to a mental health crisis is taking a break, i.e., a leave. Usually, workplaces accommodate physical illness to take a break from work, but that is not the case for mental health struggles. If granted, mental health leaves allow the person to recuperate from work stress, spend time with loved ones, and enjoy their hobbies and free time without worrying about what deadline awaits them the next day, things that are essential for the well-being of a person. This allows them to feel better, care for their health, avoid negative impact on their work, and prevent severe consequences of ignoring the alarms raised by their bodies.

“Rest is not a luxury to be justified, and no one should feel guilty for safeguarding their mental health. For legal professionals constantly navigating high-pressure environments, taking a step back is not retreat, it is responsible care. Timely pauses preserve perspective and sustain the clarity essential to good advocacy.”

-Shubra Venkat, Legal Editor, EBC Publishing

Put into perspective with the legal profession, these leaves are crucial for every field in the industry. From advocates who work around the clock, running from registries to Courts to corporate law associates who often spend the night at the office during crunch time, taking a break seems like something that would have to be scheduled before their bodies give up. Legal Professionals often overextend themselves to meet work demands, and though that may be beneficial for their career, it is detrimental to their well-being. In fact, at most of the chambers, firms, and law offices, it is expected of you to work while eating your meals or work way beyond the so-called work hours. There are also the elements of constant fear, self-doubt, and anxiety to make it, especially for those with financial needs or first-generation lawyers, which forces them to think that they must suffer to succeed. The consequences of their decisions also have an impact on their clients and future work, which increases the stakes and stress.

“In Court, even a momentary lapse in concentration can have serious consequences. Zoning out or forgetting to address an argument can directly impact a client’s case and lead to avoidable adverse outcomes. Normalising mental health leaves would help prevent such situations and ensure that advocates bring their best, most attentive selves to the courtroom.”

-Anonymous, Advocate, Delhi High Court and District Courts

But why do we need specific mental health leaves when sick leaves can be availed?

One reason is to normalize that we all struggle with our minds at some point in our lives, especially when one has a history of mental health issues. The stigma that surrounds poor mental health in Indian society is well known, especially in the hustle culture, which leaves no space to breathe. While some companies may offer support and accommodation, others may deem you incompetent or unstable if you seek support. Providing mental health leave at an institutional and organizational level will normalize mental health struggles, thereby opening the doors for access to required care.

The second reason is that the acknowledgment of such struggles makes employees feel valued and cared for. It impacts how the employees view their workplaces and how accommodated they feel, which consequently impacts their productivity and decision to stay at the job.

The third reason is the flexibility of the leave; people may need more than the mandated sick leave days of their workplace and may have exhausted their existing sick leave. Often, availing sick leave requires a doctor’s note, which is harder to provide in such cases, resulting in people coming to work out of compulsion. Coming to work under such circumstances not only makes the employees feel alienated and dehumanized but also impacts the quality of their work. Thus, allowing people time off without cutting into their paid sick leaves gives burnt-out employees the help they need without feeling like they need to quit their job to recover.

Such leaves could also provide much-needed accommodation to neurodivergent, chronically ill, or disabled employees, who are juggling their health with work, thus often compromising their mental health. These leaves allow them to visit their doctors to receive the required medical care, thereby letting them continue working without it taking a toll on their health.

Availing these leaves does not mean that someone is incapable of being employed or incompetent or someone who can’t cope with the reality of the field, or they should toughen up; it just means that some people show visible signs of poor working conditions while others might absorb it silently, both suffering the detrimental effects.

“It is high time the legal community acknowledges that the expectation of being available 24/7 is unsustainable. Encouraging rest and mental well-being should be seen as a facilitation of a healthier, more humane work culture and not as a weakness.”

-Anonymous, Advocate, Delhi High Court and District Courts

Thus, instead of making mental care a personal responsibility, such leaves make it a common priority and societal focus, thereby cultivating a healthy workplace that benefits everyone.

INDIAN LAW FIRMS ON MENTAL HEALTH LEAVES

Indian law firms are often known for having tough working environments with long hours, days where the entire team is preparing for an important case, tight deadlines, work spillage into the weekends, etc. We, hence, reached out to a few leading law firms seeking their stance on the matter and to find out what initiatives they have taken to counter these work hazards.

Khaitan & Co:

Khaitan & Co. introduced Recuperation Leave and Sabbatical Leave to support recovery from intense work periods and provide extended opportunities for personal growth. Furthermore, in 2021, they launched the People Wellbeing Framework and LexFlex Policy to provide flexible work options such as working for certain hours a day, working on specific days, period and project-based engagements. Employees can also work remotely for a certain number of days a week.

Khaitan also provides ‘Wellness Leaves’ wherein employees experiencing challenges such as burnout, anxiety, or chronic stress can request leave from their team leaders and HR. Employees and their dependents can also avail confidential counselling services for free through the Employee Assistance Program (EAP) and access wellness subscriptions.

The need for such policies was felt during the COVID-19 Lockdowns when sustained remote work and constant digital connectivity were eroding personal boundaries. With employees navigating long hours, irregular schedules, and limited downtime, it became clear that mental and emotional well-being required the same institutional support as physical health.

“Together, these changes have contributed to a more empathetic, supportive, and psychologically safe workplace – one where individuals are encouraged to bring their best selves to work, sustainably and without compromise.”

-Amar Sinhji, Executive Director, Human Resources

JSA Advocates and Solicitors:

JSA Advocates & Solicitors has several ongoing initiatives aimed at fostering mental wellness and holistic health, such as the Employee Assistance Program, whereby the firm sponsors 24/7 confidential counseling and mental health support services via the app Connect and Heal, and provides free annual health check-ups and wellness camps, monthly in-house sessions with doctors and mental health professionals, and awareness initiatives.

“Mental health is not a peripheral concern — it’s central to how we work, lead, and care for our people. Our focus has always been on creating an environment where our members feel supported to pause, reflect, and recharge — because only when we take care of our minds can we truly bring our best to the table.”

– Varghese Thomas, Equity Partner, Talent Partner

Trilegal:

To mark World Mental Health Day, Trilegal is launching a firmwide initiative to raise awareness about mental health and encourage open conversations around emotional wellness. Through their initiative of Trilegal Cares, the firm prioritizes initiatives that nurture a supportive environment and reinforce the belief that employee wellbeing is the foundation of a healthy and thriving workplace, today and every day.

“We believe that mental health is an integral part of overall wellbeing and are dedicated to fostering a workplace culture where care, understanding, and support are at the heart of everything we do.”

-Parul Gupta, Chief Human Resources Officer

Numen Law Offices:

Though Numen Law Offices does not have any formal policy in place, they provide flexible work arrangements and actively foster a culture of support, balance, and openness.

“The legal profession is highly demanding. The mental demands of a lawyer or any other employee assisting a lawyer often involve longs hours of legal work and other administrative work all the while handling multiple cases at once. While some may thrive in such an environment, for many it can be overwhelming and lead to feelings of stress, anxiety and even depression.”

-C. George Thomas, Partner

Shardul Amarchand Mangaldas & Co:

Over the last few years, SAM has been providing free counselling for all members of the Firm as well as their families and hosting several conversations each month to discuss various aspects of mental health. The firm also has a host of other initiatives such as Annual Rejuvenation Break between Christmas and New Year, formal recognition of Mental Health Days, on site physiotherapy services, enactment of a new Workplace Anti-Harassment Code, coaching support, comprehensive health checkups. Additionally, the firm has updated the Code of Conduct policy, which now clarifies their zero-tolerance stance on workplace harassment and bullying.

For flexible working conditions, they allow work from home once a week, work from anywhere for two weeks annually, caregiver leave up to three weeks, paternity leave up to three weeks, additional childcare leaves, and sabbatical option for their lawyers.

“Our core belief remains that reducing the stigma around mental health is essential in order to enable people to thrive in the workplace, especially in the high-pressure work environment that we work in. All these [initiatives] will go a long way towards acknowledging that rest is crucial to high performance, and that all our people play multiple roles in their lives, which they should be able to participate in without compromising their career growth.“

-Shweta Shroff Chopra, Partner

CONCLUSION

While, it would be challenging at an institutional and societal level to make space for mental wellness when the Indian culture chooses to push issues under the rug, however, endeavours in this regard are essential as the most important and obvious benefit of emphasizing such care is cultivating healthy workplaces, workers, and society. Any progress in this regard rests on the foundation that work-life balance is an essential human requirement. To make such progress, everyone needs to make collective efforts, be it senior legal professionals who can protect their juniors from demanding clients and respect the need for holidays, the HR departments, or the juniors who refuse to work on the weekends. At the end of the day, what is important is that everyone works to live and not live to work.