Postpartum Depression & Going Back to Work 

Fortunately, women suffering from postpartum depression may be eligible for reasonable accommodations if they can still perform the essential functions of their job with a little assistance. There are no hard rules on accommodations, so women may request shifting work hours, such as coming in earlier or later in the day, working from home, or a phased transition back to the workplace.  

• Under the Americans with Disabilities Act (“ADA”), employees suffering from postpartum depression have the right to reasonable accommodation at work, such as a modified work schedule, work from home, or transfer to a less strenuous position.  

To qualify under ADA’s definition of a “disability”, postpartum depression must substantially limit a major life activity, like eating, sleeping, or working. You are entitled to reasonable accommodations, unless providing accommodations would create an undue hardship (difficult or expensive) for the employer.  

• Since postpartum depression is a pregnancy-related condition, women may also have a right to a reasonable accommodation under the Pregnancy Discrimination Act (“PDA”). Women may be entitled to flexible start times, teleworking, or transferring to a quieter workspace.  
• Additionally, workers may have rights under local or state laws depending on their location: 

• Pregnant workers’ fairness act – If your postpartum depression is not severe enough to be considered a disability under the ADA, you might still be entitled to reasonable accommodations under the pregnant worker’s fairness act – considering your state or locality has passed this law.  
• Disability law – Considering your state or locality has passed a disability accommodation law and your postpartum depression meets the definition of “disability,” you may have the right to accommodation, even if your company has fewer than 15 employees.