Legal Question in Discrimination Law in California
Postpartum depression and unsympathetic employer in San Diego
My daughter has severe postpartum depression that is being
medically treated. Her employer changed her job when she
came back to 40 hours per week and has denied her request
to work 2 hours per week from home. She has been asking
her new supervisor and Human Resources for help. She is
getting a new letter from her psychiatrist today, but she is
having a very difficult time and she thinks they may try to
fire her while she is still under medical treatment. Please
advise what her legal position is regards to accommodation of
a disability (even if it is temporary).
2 Answers from Attorneys
Re: Postpartum depression and unsympathetic employer in San Diego
You do not say whether your daughter's psychiatrist has certified her condition as a disability. If it is a disability, the employer must make "reasonable" accommodations. What is reasonable is determined by the circumstances of the employment. You don't say what type of work your daughter does, or in what type of company. Depending upon her position, it may or may not be reasonable for her to work from home. (For example, someone working in a retail establishment or acting as a receptionist or security guard would need to be present at the workplace in order to do the job.)
Re: Postpartum depression and unsympathetic employer in San Diego
Is any of this depression job related, if so may make sense to gou out and claim work comp. Is any of your health problem related to work? If so, it may be Work Comp, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
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