Can My Child Take a Mental Health Day? (List of States Allowing Student Mental Health Days)

It’s a Tuesday morning. Your child is physically healthy—no fever, no cough—but they are visibly crumbling. Maybe it’s anxiety over a bullying incident, burnout from academic pressure, or just a heavy cloud of depression that makes getting out of bed feel impossible.

As a parent, your instinct is to say, "Stay home. Rest."

But then the worry sets in. Will the school mark this as "unexcused"? Will you get a truancy letter? Do you have to lie and say they have a stomach bug?

In the last few years, a quiet revolution has swept through US state legislatures. Recognizing that mental health is health, many states have passed laws explicitly allowing students to take "Mental Health Days" as valid, excused absences.

This guide details exactly which states protect your child’s right to rest, what to do if you live in a state that doesn’t, and how to get the necessary documentation to protect your family from truancy issues.

The "Green Light" States: Where Mental Health Days Are Law

As of 2025, the following states have enacted legislation that explicitly lists "mental or behavioral health" as a valid excuse for absence. In these states, a student can legally stay home for mental wellness without lying about a physical illness.

Western United States

• California: CA Education Code updates allow students to miss school for "mental or behavioral health" reasons. Crucially, the law also mandates that mental health education be part of the curriculum.
• Oregon: One of the pioneers, Oregon law allows students to take up to 5 days in a 3-month period for mental or physical illness.
• Washington: Mental health symptoms are now a valid "excused absence" category, treating them with the same validity as a medical appointment.
• Nevada: Students can take "mental health days" if they have a note from a mental health professional (see the "Documentation" section below for how to solve this).
• Utah: Mental and behavioral health are valid excuses for absence.
• Arizona: Policies vary slightly by district, but state guidance allows for mental health days.
• Colorado: State law requires school districts to have a policy excusing absences for behavioral health.

Midwest & South

• Illinois: Students can take up to 5 mental health days per year without a doctor's note. After the 5th day, professional documentation is usually required.
• Kentucky: Passed legislation allowing excused absences for student mental health.
• Virginia: State law recognizes mental health as a valid excuse.

Northeast & Mid-Atlantic

• Connecticut: Students are allowed 2 non-consecutive mental health days per year.
• Maine: Absences for "mental or behavioral health needs" are excusable.
• Delaware: Recent legislation grants students excused absences for mental health, acknowledging the rising rates of teen anxiety.
• Maryland: State law allows students to take mental health days (often up to 5) as excused absences.

New for 2025/2026: Texas & Pennsylvania Updates

• Texas: Recent legislative updates (Senate Bill 207) have clarified that absences for appointments with mental health professionals are strictly excused. While "rest days" are still a gray area in some districts, attending therapy is protected.
• Pennsylvania: Legislation has been advancing to allow 3 mental health days statewide. Check your local district policy, as many PA schools have adopted this ahead of the state mandate.

The "Gray Area" States: What If My State Isn't Listed?

If you live in a state like New York, Florida, Georgia, or Ohio, you might not have a specific "Mental Health Day" law protecting you yet.

Does this mean your child can't stay home? No. It just means you have to be smarter about how you report it.

The "Medical Necessity" Loophole

Most state education codes allow absences for "Personal Illness" or "Medical Reasons."
* The Strategy: You do not need to disclose the specific nature of the illness to the school attendance clerk.
* What to Say: Instead of saying, "John is sad today," say, "John is taking a medical sick day."
* The Catch: Without the specific "Mental Health Day" law, schools are stricter about documentation. If your child misses more than 3 consecutive days, or more than 10 days in a year, the school will demand a doctor's note.

This puts parents in a difficult spot. You know your child needs a mental health day, but you can't exactly walk into an urgent care clinic and ask for a "sadness note" without paying a fortune or risking dismissal.

3 Valid Reasons for a "Mental Health" Absence

If you are writing a note or calling the school, framing the absence correctly makes the difference between "Excused" and "Truant."

1. "Medical Appointment" (Therapy):
   If your child sees a therapist (even virtually) on their day off, that is a guaranteed excused absence in almost every state.
2. "Illness/Recuperation":
   Severe anxiety often manifests physically (migraines, stomach aches, fatigue). It is not a lie to report these physical symptoms as the reason for absence.
3. "Family Emergency":
   Use this sparingly. If a child is in a severe crisis, schools will often accept this, but they may ask for details you don't want to share.

Practical Guide: How to Call In Sick for Mental Health

If you are nervous about making the call, use this script. It protects your privacy while satisfying the school's record-keeping requirements.

The Script:

"Hi, this is [Parent Name] calling for [Student Name]. They will be absent today, [Date], due to illness/medical reasons. We are keeping them home to rest and recover. If a doctor’s note is required, please let me know. Thank you."

What NOT to say:

"He's just feeling a little tired and stressed, so I'm letting him sleep in."
(This sounds like bad parenting to a strict administrator and will likely be marked Unexcused.)

The Documentation Barrier: When You Need Proof

Here is the biggest hurdle for parents in 2025.

Many schools—even in states with mental health laws—have "caps" on parent notes.
* The Rule: After 3 days in a row, or 10 days total in a year, a parent note is no longer accepted. You MUST have a medical certificate.

If your child is suffering from burnout or anxiety, the last thing you want to do is drag them to a crowded waiting room. Furthermore, many pediatricians are hesitant to write notes for mental health if they don't have a long history with the patient.

This is where many families get trapped in the truancy system. The child is legitimately unwell, but the parent lacks the "official" paperwork to prove it.

The Solution: Havellum’s Verifiable Medical Certificates

Havellum offers a compassionate, modern solution for parents navigating school attendance policies.

We believe that mental health is health. You shouldn't have to fight with a school administrator or pay expensive urgent care copays just to protect your child's well-being.

How Havellum Helps Parents & Students

1. Validating Mental Health Needs

Unlike some traditional clinics that dismiss "stress" or "anxiety" as non-medical, Havellum’s licensed professionals understand that these are valid health concerns.
* We offer specialized Mental Health Medical Certificates that are accepted by schools and universities as proof of medical necessity.
* Check our dedicated service here: Mental Health Medical Certificates.

2. Privacy & Discretion

Your child’s permanent school record follows them to college. You may not want "Severe Depressive Episode" written on a slip that sits on the front desk.
* Havellum certificates use standard medical terminology that verifies the student was "under medical care" and is "unfit for school" without necessarily disclosing sensitive psychiatric details unless requested. This protects your child’s privacy.

3. No Waiting Rooms

If your child is having a panic attack or a depressive low, leaving the house is traumatic.
* Telehealth Assessment: You can complete the assessment from the safety of your home.
* Fast Turnaround: Receive the signed, professional certificate via email, often within hours. You can forward it directly to the school attendance office.

4. 100% Verifiable

Schools are on high alert for fake doctor's notes.
* Every Havellum certificate includes a verification link. If the Principal or Attendance Officer wants to confirm the note is real, they can click the link and verify its authenticity instantly. This provides the "official" proof schools demand to mark the absence as Excused.

Conclusion

Whether you live in a "Green Light" state like California or Illinois, or a "Gray Area" state like Texas or New York, your child’s mental health is your priority.

Don't let the fear of truancy letters stop you from giving your child the break they need. Know the law, use the right language, and when the school demands proof, trust Havellum to provide the legitimate documentation you need.

Support your student’s mental health today.
Get a verifiable medical certificate at Havellum.com.