Postpartum depression is incredibly common after pregnancy, affecting around one in seven women after giving birth. And the problem may be more common than many realize, as around 50% of PPD cases are undiagnosed.
If you develop postpartum depression, this can unfortunately affect many aspects of your life, including your ability to return to your job. It’s important to understand your rights in these situations, as PPD may be considered a recognized disability under the Americans with Disabilities Act.
This means if you develop this condition and your company fails to respond appropriately, you may be able to take legal action. An experienced pregnancy disability lawyer in LA at Yadegar, Minoofar & Soleymani, LLP can help you understand and explore your options in these difficult situations. Give us a call, contact us online, or read on to learn how to handle PPD at work.
What are an employer’s obligations if you develop postpartum depression?
Because postpartum depression can be considered a disability if it substantially limits major life activities, you have many rights within the workplace when this condition affects your ability to work. Specifically:
- Your employer may be required to make reasonable accommodations to respond to your disability. This could potentially include things like offering a flexible work environment, allowing you to bring a service animal to work, or authorizing a leave of absence.
- You may be eligible for up to four months of disability leave under California’s Pregnancy Disability Leave (PDL) law. Leave may be paid if you are eligible for State Disability Insurance (SDI) or Paid Family Leave (PFL).
- Your employer cannot discriminate against you in any terms or conditions of employment, including hiring, firing, promotions, or benefits and compensation decisions, as a result of your postpartum depression. They also cannot allow other employees to create a hostile work environment.
You do not necessarily have to specifically disclose that you have postpartum depression to your employer to be entitled to receive protections. If you have documentation from your medical provider showing that you are suffering from a serious health condition affecting your ability to do your job, that should be enough for your employer to act.
How an attorney can help you navigate postpartum depression issues in the workplace
An professional employment attorney in Los Angeles can provide you with assistance if your employer has failed to fulfill their obligations and you have been harmed as a result. Your discrimination attorney can:
- Assist you in determining if state or federal worker protection laws were violated
- Help you make a complaint with the EEOC or with the California Civil Rights Department (CRD).
- Assist you in gathering evidence to demonstrate that you were a victim of unlawful discrimination based on your postpartum depression
- Take legal action on your behalf, including negotiating a settlement with your employer or going to court if needed to prove your case and recover damages for you.
Yadegar, Minoofar & Soleymani, LLP has over 85 years of combined experience. Super Lawyers has designated us among the Top 100 attorneys in Southern California, and we have a Superb 10 rating from Avvo. We can bring our knowledge and experience to your claim.
Contact a postpartum depression disability lawyer
Yadegar, Minoofar & Soleymani, LLP is here and ready to help if you are suffering from PPD and your employer failed to make reasonable accommodations or otherwise discriminated against you in the workplace.
Give us a call at (310) 499-0140 or contact us online to schedule your free consultation to learn more about how we can help.