Legal Question in Disability Law in California
Postpartum depression with an unsympathetic employer in San Diego
My daughter has severe postpartum depression that is under
medical treatment. She came back to work 20-30 hrs per
week and her employer seemed to accommodate her. When
she came back to work at 40 hrs, they changed her job, had a
new supervisor and refused her request to work 2 hours per
week from home (which she has done numerous times
before). She has asked her new supervisor and Human
resources for help, but they appear to be unable or unwilling
to believe that she has a medical condition, despite the
obvious symptoms right in front of them. She is getting a
new letter from her psychiatrist today, but she is worried that
they might try to fire her while she is under medical
treatment for a disability, even if it is temporary. In fact, their
treatment of her has aggravated her condition and made it
harder for her to cope daily with all the stresses. What is her
legal position regarding their treatment of her while she is
disabled, even if temporary? What legal remedies does she
have it they terminate employment?
1 Answer from Attorneys
Re: Postpartum depression with an unsympathetic employer in San Diego
If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.
If your CA employer has at least 5 employees, they can not fire you because you are pregnant, must allow you to continue working as long as you are able, must 'reasonably' accommodate your disability, and must allow up to 4 months of unpaid pregnancy leave under FEHA.
If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.
If you qualify for both, you get both. If you are out longer than those guarantees, they can fire you.
Upon termination from employment, you are entitled to COBRA conversion of your medical benefits [if any], allowing you to pay for and retain your insurance coverage.
Such post partum depression is likely not a 'disability' entitling her to ADA protection, unless her treating physicians conclude it has become a permanent condition, requiring ADA accommodation.
Now, if they violate those rules, contact me for the legal help you'll need.
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