2024 How Is Postpartum Depression Handled at Work in California?

Postpartum depression is a medical condition affecting many women in the United States, and the condition manifests differently for everyone who experiences it. Pregnancy and childbirth can disrupt a mother’s work schedule, but how is postpartum depression handled at work in California? It is vital to know your rights and the various federal and state laws that protect you as an employee suffering from postpartum depression.

How Is Postpartum Depression Handled at Work?

The Americans with Disabilities Act (ADA) and Fair Employment and Housing Act (FEHA) cover a wide range of medical conditions and ensures that workers who are diagnosed with covered conditions have legal protection at work and that their employers provide appropriate reasonable accommodations for these conditions. Postpartum depression is a qualified condition under the ADA and FEHA, so if you are diagnosed with this condition, your employer must comply with ADA and/or FEHA requirements for reasonable accommodation.

The Family and Medical Leave Act (FMLA) exists to ensure that any worker who is diagnosed with a serious medical condition, needs to address a close family member’s medical condition, or who must prepare for childbirth and bonding with a new baby can take up to 12 weeks of unpaid medical leave from work with job security, meaning they will be able to return to their position or a similar position upon completion of their leave.

State law also allows for up to four months of Pregnancy Disability Leave (PDL) that can apply to pregnancy, childbirth, and addressing pregnancy-related medical conditions such as postpartum depression. The California Family Rights Act (CFRA) can provide up to 12 weeks of unpaid medical leave that can apply to baby bonding leave. If you are diagnosed with postpartum depression, it is possible, though challenging, to take advantage of several forms of leave.

Your Rights on Medical Leave

As an employee in California, you have the right to request medical leave for pregnancy and/or a pregnancy-related medical condition such as postpartum depression. Requesting this leave is a legally protected action, so your employer may not retaliate against you or fire you simply for requesting leave. Additionally, while you are on unpaid medical leave of any kind, your employer cannot fire you unless they have a lawful, nondiscriminatory reason to do so.

It is possible to lose your job while on medical leave if your position is terminated by your employer or if you would have been fired regardless of your leave. However, if you believe that your termination was unlawful, or that your employer violated their requirements under the ADA or FEHA with respect to your diagnosis of postpartum depression, you may have grounds for legal recourse.

Ultimately, experiencing postpartum depression while adjusting to life with a new baby can be extremely challenging. Along with the personal obligations this will entail, the mother is also likely to worry about job security, and navigating the various forms and request processes for medical leave in the state can be extremely challenging. It is also daunting to confront an employer’s failure to comply with applicable medical leave laws.

Hennig Kramer LLP, can provide legal support to you in this difficult situation. We can help you make clearer sense of your legal options when it comes to handling postpartum depression and resolving all medical leave-related issues with your employer. If you believe your rights as an employee have been violated, trust our team to provide comprehensive legal representation through all the proceedings you face.

FAQs

Q: Can You Get Medical Leave for Postpartum Depression?

A: Yes, it is possible to qualify for medical leave for postpartum depression and other pregnancy-related medical conditions in the state. Pregnancy is a legally protected medical condition under the FMLA, the CFRA, the ADA, and FEHA, and it is possible to qualify for multiple types of medical leave pertaining to pregnancy and childbirth, including if the mother is diagnosed with postpartum depression.

Q: Can You Be Fired While on FMLA Leave?

A: It is possible to be fired while on FMLA leave in California, but only if your employer has a legitimate, nondiscriminatory reason to terminate your job or if you would have been terminated regardless of your leave. If you believe that your firing was an FMLA violation, you may have grounds to pursue a wrongful termination and discrimination suit against your employer, so you should consult an employment attorney as quickly as possible.

Q: Is Postpartum Depression Covered Under the ADA?

A: Yes, postpartum depression is covered under the ADA, meaning it qualifies as a legitimate medical condition and is legally protected for the purposes of seeking medical leave and other reasonable accommodations from an employer. A “reasonable accommodation” is any requested modification to an employee’s schedule, workspace, or job duties that does not cause undue hardship to the employer.

Q: Can You Work During Postpartum?

A: Yes, it is possible to work during postpartum. Pregnancy affects women on an individual basis, and some pregnancies involve unexpected complications and medical issues that must be addressed on a case-by-case basis. There is no single formula to determine when a woman should return to work during postpartum; this is a personal decision they must make based on their individual medical needs.

Q: Can I Be Fired After Announcing a Pregnancy at Work?

A: No, you cannot be legally fired for announcing your pregnancy. It is generally considered good form to notify an employer of any recently discovered medical issue that may interfere with your ability to work, including pregnancy. This ensures they are prepared to grant medical leave and/or make reasonable accommodations with advance notice. However, an employer cannot terminate an employee for announcing a pregnancy or notifying about any other medical issue.

If you have experienced postpartum depression, it is natural to wonder how this could interfere with work and how postpartum depression is handled at work. You have various rights as an employee when it comes to taking unpaid medical leave in California, and this applies to postpartum depression. Contact Hennig Kramer LLP today to schedule a consultation with our team to learn more about your legal options for this condition.