Postpartum mental health conditions (PMHCs) affect many new mothers, with up to 85% experiencing some level of anxiety or depression in the weeks after giving birth. Often these feelings will resolve on their own, but for many new parents, these issues do not resolve quickly and require professional care. These conditions are more common than many parents realize. A crucial step in erasing the persistent stigma around PMHCs is helping new mothers understand the rights and resources available to them. One important area where there are protections and resources for new mothers, including those with PMHCs, is in the workplace.
As the policy director for the Division of Family and Medical Leave in the Department of Labor’s Wage and Hour Division, part of my job is to be aware of the challenges that so many new mothers face and to provide guidance about protections that may be available in the workplace while they work through these challenges. The Family and Medical Leave Act (FMLA) provides many parents with job-protected leave, and there are provisions within the law that can help mothers who are dealing with PMHCs.
Our goal is to help new mothers and fathers understand the breadth of mental health-related leave available to them. Here, I’ll answer some FAQs about taking FMLA for postpartum mental health conditions.
Note: Because this is an overview of the Family and Medical Leave Act for those suffering from PMHCs, this information is NOT exhaustive. For more detailed information, access the many Wage and Hour Division Family and Medical Leave Act resources available online.
What is the Family and Medical Leave Act (FMLA)?
Passed in 1993, the FMLA entitles workers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child or parent because of a serious health condition. A serious health condition can include a mental health condition.
Who is covered and eligible?
All government employees and public school workers are covered. Private employers who employ 50 or more employees in 20 or more work weeks annually must also allow their eligible employees to take FMLA leave.
To be eligible for FMLA leave, an employee must work for a covered employer (see previous question), work for the employer at least 12 months, and have at least 1,250 total hours of service with the employer during the 12-month period before the start of the FMLA leave. An employee also must work at a location where the employer has at least 50 employees within 75 miles.
What protected FMLA leave is available for people with PMHCs?
Eligible employees may take up to 12 weeks of FMLA leave in a leave year if they are unable to work due to a serious health condition under the FMLA, and most new parents on average take about seven weeks of leave. Mental and physical health conditions are considered serious health conditions under the FMLA if they require inpatient care or continuing treatment by a health care provider.
A serious mental health condition that requires inpatient care includes an overnight stay in a hospital or other medical care facility. A serious mental health condition that requires continuing treatment by a health care provider includes chronic conditions (e.g., anxiety, depression, or dissociative disorders) that cause occasional periods when an individual is unable to work and require treatment by a healthcare provider at least twice a year.
Conditions like postpartum mental health conditions, such as postpartum depression (PPD) or postpartum anxiety (PPA), can often meet these requirements.
How much FMLA leave can I take?
Under the FMLA, you may take up to a total of 12 workweeks of job-protected leave in a 12-month period for most FMLA-qualifying reasons, including your own or a qualifying family member’s PMHC that meets the inpatient or continuing treatment requirements.
Do multiple conditions, such as childbirth and a subsequent PMHC, add to the amount of leave I can take in a year?
No. Employees may only use up to 12 workweeks of FMLA leave in a defined 12-month period or “leave year” for most of the qualifying reasons for FMLA leave, including for their own serious health condition (e.g., pregnancy and recovery from childbirth) and for the birth of a child.
If my partner is unable to work because of PMHC, may I take Family and Medical Leave to help them?
Yes. If you are eligible for FMLA leave, you may use FMLA leave to provide care for your spouse if they are experiencing a serious health condition. Caring for a family member under the FMLA includes assistance with basic medical, hygienic, nutritional, safety, transportation needs, physical care, or psychological comfort.
Can I use leave under the Family and Medical Leave Act every year?
You can use up to 12 work weeks of FMLA leave in every 12-month period or “leave year” as long as you continue to meet the FMLA eligibility criteria. For example, if you decided to use eight weeks of FMLA leave immediately after the birth of your child, you may take the remaining four weeks of leave during the same leave year for other qualifying reasons. If you continue to be eligible for FMLA leave use, you may take up to 12 workweeks of leave for qualifying reasons in the next leave year.
What happens if I have another child?
If you are eligible to use FMLA leave, you may take up to 12 workweeks of FMLA leave in a 12-month period for the birth of a child. You may take up to 12 workweeks of FMLA leave in a 12-month period for the birth of another child in a different leave year as long as you meet the FMLA eligibility requirements at the time of the leave.
Can my employer penalize me for taking FMLA leave?
No. Employers are prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
If my employer denies me access to FMLA leave, what action can I take?
Each year, hundreds of workers are affected by FMLA related employer violations, which lead to millions of dollars in back wages. If you believe that your rights under the FMLA have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court. You can visit the Division’s Contact Us page or call 1-866-4-USWAGE (1-866-487-9243) between 8am and 4:30pm local time (hours vary by region).
Take the time you need to treat a PMHC
The birth of a child is an exciting time for many families. But many new mothers also face challenges beyond childbirth and the immediate care of their newborn, and PMHCs can be a major part of that. Ensuring that mothers receive the protections available to them under the FMLA not only protects working mothers through a challenging period, but can also bring important awareness to PMHCs and alleviate the stigma associated with the challenges of becoming a mother.
More importantly, mothers can get the time away from work and treatment they need to help ensure their health and well-being and ease the transition into motherhood. For more information, visit our Protections to Pump at Work and Maternal Health pages, which offer vital resources to help everyone understand the range of federal protections for workers during pregnancy, after childbirth and when returning to work.
This story is a part of The Motherly Collective contributor network where we showcase the stories, experiences and advice from brands, writers and experts who want to share their perspective with our community. We believe that there is no single story of motherhood, and that every mother’s journey is unique. By amplifying each mother’s experience and offering expert-driven content, we can support, inform and inspire each other on this incredible journey. If you’re interested in contributing to The Motherly Collective please click here.
