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:
Under a national law called the Pregnant Workers Fairness Act, if your employer has 15 or more employees you have a right to request and receive reasonable accommodations needed because of pregnancy-related symptoms, complications, and conditions—including mental health issues. “Reasonable accommodations” are changes to how, when, and where your job is done. These changes must be provided unless they would cause an “undue hardship” (a significant difficulty or expense).
The changes you need may be different than other pregnant or postpartum employees—and that’s OK. Examples of reasonable accommodations:
- Time off to attend therapy sessions;
- Temporarily moving your workstation to a more private or less distracting space;
- Working from home (telecommuting);
- Modified work schedule or hours;
- 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 challenges at work and possible ways to address them.
- 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 a pregnancy-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 doctor’s 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 a different accommodation that will 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.
Your employer may ask you for a medical note, or you may want to provide one to support your request. They may also ask you to have a healthcare provider fill out a form.
- In most cases, the note or form can be from your doctor, midwife, therapist, doula, or other health care provider.
- Many people are nervous about submitting notes because of worries about sharing private information related to their mental health. That is understandable. You should know:
- There are limits to what your employer can legally ask for and, in most cases, these notes do not have to go into detail about your condition.
- A federal law called the Americans with Disabilities Act requires employers with 15 or more employees to keep your medical information confidential.
- When you provide your note or completed form, you may want to communicate in writing: “Please keep this private, protected medical information confidential, and do not share it with my coworkers, supervisor, or anyone else who does not have a legitimate reason to know it. If you need to share it beyond Human Resources for any reason, please contact me first. Please keep this information separate from my general employee records, as may be required by state and federal law. Thank you for protecting my privacy.”
For more information on what medical information you are required to give your employer, contact our free helpline or check out:
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.
- You can still have a right to take leave under the Pregnant Workers Fairness Acts even if you are not eligible for leave under the Family and Medical Leave Act (FMLA).
- There is no set amount of time you can take off under the Pregnant Workers Fairness Act. Your employer must give you time off for your mental health needs so long as it is not significantly difficult or expensive to do so.
- The Family and Medical Leave Act (FMLA) gives covered employees a right to take up to 12 weeks of leave in a year for pregnancy and childbirth, including for related mental health conditions. Learn more about the FMLA and whether you are eligible here. Some states provide more than 12 weeks of leave for pregnancy/childbirth and cover more people. Keep in mind that time you take off work under the Pregnant Workers Fairness Act may reduce any time you have available under the Family and Medical Leave Act. Call us for assistance understanding how these legal protections overlap.
- Your employer is not required to pay you during your leave, but they may be required to allow you to use any paid leave you already have available, including PTO, sick days, and/or vacation. Your employer may also be required to let you choose whether to use paid leave or unpaid leave.
- Additionally, you may have a right to receive pay during your time off from your state’s temporary disability program, family and medical leave program, and/or from your employer’s temporary disability benefits plan. Ask HR and/or your state agency for more information.
Need Help?
Need leave, remote work, or other accommodations? Have questions about your rights?
Contact the Center for WorkLife Law’s free legal hotline to talk to a lawyer.
- Email [email protected]
- Call (415) 703-8276
Need More Support?
The National Maternal Mental Health Hotline is available 24/7 by text or phone and offers free and confidential support 1-833-852-6262.
Contact the Center for WorkLife Law’s free legal hotline to speak to a lawyer about your rights.
Email [email protected] or call (415) 703-8276.
Check out our additional resources:
- Talking to Your Boss About Your Bump. This fact sheet provides information on laws that apply to workers nationwide who need pregnancy-related changes at work.
- Talking to Your Boss About Your Pump. Learn more about your rights to lactation breaks and space at work.
- Frequently Asked Questions: Doctors Notes and Medical Paperwork explains your rights when your employer asks you to provide medical paperwork.
- Pregnancy, Childbirth, and Related Medical Conditions: Common Workplace Limitations and Reasonable Accommodations Explained lists reasonable accommodations that can help with a wide range of conditions and needs.
