This guide gives an overview of your legal rights and options at work when you are experiencing mental health conditions related to pregnancy and childbirth.
You’re Not Alone. Mood and anxiety conditions are among the most common pregnancy complications.
- Have you experienced the “baby blues” or symptoms of mental health conditions such as anxiety or depression during or after pregnancy?
- Are you receiving treatment for mental health conditions such as: anxiety or panic disorders; perinatal or postpartum depression; postpartum psychosis; or complicated grief after perinatal loss?
- Not sure what to call the symptoms you’re experiencing such as sadness, anger, difficulty sleeping or concentrating, fear, or despair?
You may have workplace rights that make it easier to do your job or to get the mental health support you need, even if you don’t have a formal diagnosis. Most workers have a legal right to receive changes at work or time off that they need for their mental health and emotional wellbeing during pregnancy, after giving birth, and following pregnancy loss or abortion.
Getting changes at work:
Start by reflecting on what would be best for you. Consider your needs and how to best meet them. If you are receiving mental health support from a doctor, counselor, or other trusted person, discuss with them your needs or difficulties at work and changes that might make things easier.
- To get accommodations you will need to speak with your supervisor or human resources. Tell them you need changes under the Pregnant Workers Fairness Act because of need you have related to pregnancy, childbirth, or a related medical condition. Put this in writing, if possible.
- Your employer may ask you for a medical note or to have your healthcare provider fill out a form. Or you may want to provide a medical note to support your request. Read the section below about protecting your privacy when you reply.
- Your employer must respond to your request. They must grant your request or have a conversation with you to understand your needs and identify an accommodation that will effectively meet them. Your employer does not have to provide an accommodation that causes them an “undue hardship,” meaning it would be very difficult or expensive for them to provide. But your employer is required to work with you to find an accommodation that works for you.
Getting time off work:
You may need time off work to attend mental healthcare appointments or because your mental health condition makes you unable to work even with accommodations. If your employer has 15 or more employees, you have a right to receive time off as a reasonable accommodation under the Pregnant Workers Fairness Act, unless it would be significantly difficult or expensive for your employer. You may also have rights under other laws.
Should your employer deny you a reasonable accommodation to care for your mental health during pregnancy and postpartum, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.
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