Los Angeles Postpartum Depression Lawyers

Postpartum Depression: A Separate Disability from FMLA and CFRA Leave. You May Not Be Limited to 12 Weeks of Leave

Postpartum depression (PPD) is a complex and serious condition that affects many new mothers. Although the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) provide job-protected leave for new parents, confusion often arises regarding how PPD fits within these legal frameworks. It’s essential to recognize that PPD is a distinct disability that may require accommodations beyond the provisions of FMLA and CFRA. This article will clarify the differences between postpartum depression as a disability and the protections offered by both FMLA and CFRA.

Understanding Postpartum Depression

PPD is more than just the “baby blues.” It is a recognized form of major depression that can severely impact a mother’s ability to care for herself and her child. The American Psychiatric Association classifies PPD as a mental health disorder that requires professional diagnosis and treatment.

Common symptoms of postpartum depression include:

• Profound sadness or feelings of hopelessness
• Fatigue and low energy levels
• Difficulty bonding with the baby
• Anxiety or panic attacks

Unlike the typical stress or exhaustion that often accompanies motherhood, PPD is a medical condition that can significantly affect daily functioning.

What FMLA and CFRA Cover

The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including childbirth. This law provides new mothers with time to recover physically from childbirth and to bond with their newborns without risking their job security.

However, FMLA primarily focuses on the physical recovery from childbirth and the immediate needs of the newborn. It doesn’t fully address long-term mental health conditions, such as postpartum depression, which may require additional time and care.

The California Family Rights Act (CFRA) is similar to the FMLA but has broader coverage. While FMLA applies to employers with 50 or more employees within a 75-mile radius, CFRA applies to companies with as few as five employees. Both laws require that the employee has worked for the company for at least a year before becoming eligible for leave. However, like FMLA, CFRA does not specifically account for the mental health aspects of postpartum depression.

Postpartum Depression as a Distinct Disability

Postpartum depression often extends beyond the 12-week leave window offered by FMLA and CFRA. Here’s why PPD should be treated as a separate disability:

1. Extended Recovery Time: Many women require treatment for postpartum depression that lasts several months or even years after childbirth. The standard 12 weeks of leave may not be enough for a full recovery from a major depressive disorder.
2. Workplace Accommodations: Under California law, PPD may qualify as a disability, necessitating reasonable accommodations beyond the 12-week FMLA or CFRA period. These accommodations may include flexible work schedules, reduced hours, or time off for therapy and treatment.
3. Employer Responsibilities: While FMLA and CFRA provide temporary job protection, employers must recognize that postpartum depression may require more extensive support. If classified as a disability, employers are legally obligated to engage in an interactive process and provide reasonable accommodations, even after the initial leave period has ended.

Navigating Your Rights Under Multiple Laws

New mothers suffering from postpartum depression should be aware of their rights under various legal protections:

• FMLA: Provides job protection for up to 12 weeks to cover physical recovery and bonding time after childbirth.
• ADA: The Americans with Disabilities Act (ADA) requires employers to accommodate employees whose postpartum depression impacts their ability to work, beyond the FMLA period, if necessary.
• CFRA: California’s CFRA extends protections similar to FMLA but covers employers with as few as six employees.

Your Rights if You Are Suffering from Postpartum Depression

Postpartum depression is a serious mental health condition that often requires more support than FMLA or CFRA alone can provide. Recognizing PPD as a separate disability allows new mothers to access the care and accommodations they need while retaining their employment.

If an employer refuses to engage in reasonable accommodation discussions beyond the 12-week FMLA or CFRA leave, they may be in violation of the law. If you are suffering from PPD and are employed in California, your employer is required to work with you on potential accommodations, which may include extended leave, depending on the severity of your condition. Unfortunately, many employers mistakenly believe that 12 weeks is the maximum allowable leave, but that is not necessarily true, particularly when PPD is involved.

Kristensen Law Group has litigated numerous pregnancy-related discrimination cases over the last 15 years. Despite clear laws protecting women, many employers continue to ignore these regulations or impose unfair barriers on women during and after pregnancy. If you believe you have experienced discrimination due to pregnancy or postpartum depression, please reach out to us at contact@kristensen.law or (805) 837-2000.