Navigating a return to work after having a baby is challenging enough. When you are also coping with postnatal depression (PND), it can feel overwhelming. Understanding your employment rights is a critical step in managing your health and career with confidence.
PND is a serious medical condition that can develop any time in the first year after giving birth. If you are suffering from its effects, you are not alone, and you have legal protections.
While there is no specific protection named “postnatal depression leave” in UK law, your rights are primarily protected through the Equality Act 2010. The severity and duration of your PND are key to unlocking these rights.
Is Postnatal Depression a Disability Under UK Law?
This is the most important question, and for many, the answer is yes.
Under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a ‘substantial‘ and ‘long-term‘ adverse effect on your ability to carry out normal day-to-day activities.
- ‘Long-term’ means it has lasted, or is likely to last, for at least 12 months.
- ‘Substantial’ means more than minor or trivial.
Given that PND can severely impact concentration, energy levels, and social interaction for many months, it can often meet this definition. If it does, your employer is legally obligated to support you, and you are protected from discrimination.
Your Key Rights if PND is Considered a Disability
If your condition qualifies as a disability under the Equality Act, you are entitled to two crucial protections:
1. The Right to ‘Reasonable Adjustments’
Your employer has a legal duty to make reasonable adjustments to your job or workplace to remove any disadvantage you face because of your condition. This isn’t about giving you an unfair advantage, but about levelling the playing field so you can perform your role.
Examples of reasonable adjustments include:
- A phased return to work, gradually increasing your hours over several weeks.
- Flexible working arrangements, such as a temporary or permanent change to your hours, days, or place of work.
- Altering your duties, temporarily removing high-pressure tasks.
- Providing a quiet workspace to help with concentration.
- Allowing time off for therapy or medical appointments.
2. Protection from Discrimination
You are protected against being treated unfairly. This includes:
- Direct Discrimination: Treating you less favourably because of your disability.
- Indirect Discrimination: A company policy that applies to everyone but puts you at a particular disadvantage (e.g., a rigid start time that is difficult due to your condition).
- Discrimination Arising from Disability: Treating you unfavourably because of something connected to your disability (e.g., disciplining you for disability-related absences without considering the underlying cause).
What if PND is a Short-Term Illness?
If your PND does not meet the legal definition of a disability, it will be treated like any other sickness absence. In this case, your employer’s standard sickness absence policies apply.
This means you will need to follow their procedures for notifying them of your absence and providing fit notes from your GP. If you have exhausted your maternity pay, you will usually be entitled to Statutory Sick Pay (SSP), provided you meet the eligibility criteria.
Practical Steps for Managing Your Return to Work
You have several options to help ease your transition back into the workplace.
- Use Accrued Annual Leave: You accrue holiday entitlement throughout your maternity leave. Many new parents add this to the end of their maternity leave to give them extra paid time off before returning.
- Make a Flexible Working Request: Every employee with 26 weeks of service has the legal right to request flexible working arrangements. While employers can refuse on business grounds, they must handle the request in a reasonable manner.
- Take Parental Leave: You are entitled to 18 weeks of unpaid parental leave per child, which can be taken up until their 18th birthday. This is often used to manage childcare or provide extra time for recovery.
How to Talk to Your Employer About PND
This can be a daunting conversation, but it’s a vital one.
- Schedule a private meeting with your manager or HR.
- Be prepared. You don’t need to share every medical detail, but explaining how PND affects your ability to work is helpful.
- Focus on solutions. Come to the meeting with suggestions for reasonable adjustments that you believe would help you.
- Get it in writing. After the meeting, send a follow-up email summarising what was discussed and agreed upon.
What About Dismissal?
If medical evidence shows you are unlikely to return to work in the foreseeable future, an employer may consider dismissing you on capability grounds.
However, if your PND is a disability, this becomes much more complex for the employer. A dismissal could be considered discriminatory if they have not made sufficient effort to explore and implement reasonable adjustments first.
Your health is the priority. By understanding your rights, you can make informed decisions and ensure you get the support you are legally entitled to during your recovery.
To speak to Danielle about your rights surrounding maternity leave and pregnancy or if you have an employment issue in the workplace, call 0161 930 5151 or you can email enquiries@gorvins.com.