Understanding the EEOC’s Proposed Rules on Postpartum Depression Treatment Under the Pregnant Workers Fairness Act

As part of implementing the Pregnant Workers Fairness Act (PWFA), the Equal Employment Opportunity Commission (EEOC) released proposed rules in August 2023 outlining employer obligations to accommodate a wide range of pregnancy-related conditions—including postpartum depression. These proposals aim to provide robust clarification and ensure employers understand their legal responsibilities under federal law. The public was invited to comment through December 2023, and more than 100,000 responses shaped EEOC’s final rule, issued in April 2024, which became effective June 18, 2024. The focus of this article is on how these rules address treatment and accommodations for postpartum depression in the workplace.

Defining “Limitation” and Inclusion of Postpartum Depression
Under the proposed EEOC regulation, “limitations” broadly encompass physical or mental conditions related to pregnancy, childbirth, or related medical conditions—including postpartum depression, anxiety, or psychosis. The EEOC specifically identified postpartum depression as a qualifying condition, clarifying that employees may request time off to attend therapy appointments and seek accommodations for ongoing mental health care. This explicit inclusion demonstrates the agency’s commitment to expanding awareness and protections for maternal mental health.

Reasonable Accommodations for Mental Health Needs
The proposed wording lists several inherently reasonable accommodations that do not require extensive documentation. These include flexible scheduling, intermittent leave for therapy, remote work or light-duty assignments, and temporary suspension of essential functions. In cases of postpartum depression, such accommodations may involve additional breaks, adjusted workload, or mental health appointments. By defining these accommodations, the EEOC helps guide employers toward proactive and supportive actions when employees request them.

Interactive Process and Documentation Requirements
A key component of the proposed rule involves the “interactive process” between employer and employee. Employers must engage promptly in good-faith discussions to identify effective accommodations. Unlike the ADA, the PWFA does not require employees to use specific terms or formal medical proof; a communicated need triggers an interactive dialogue. Employers may request limited documentation to confirm that a condition is pregnancy-related but cannot adopt overly burdensome requirements.

Temporary and Episodic Conditions Covered
A notable feature of the proposed regulations is the inclusion of temporary, episodic, or minor conditions—such as postpartum depression—that may not qualify as disabilities under the ADA. For instance, an employee experiencing moderate emotional distress and fatigue postpartum may be eligible if the condition arises from childbirth. The rule stipulates that even time-limited impairments may qualify as limitations, removing barriers that prevented access to accommodations under prior statutory interpretations.

Burden of Proof on Employers and Undue Hardship
The proposed rule places the burden on employers to demonstrate that a requested accommodation imposes an “undue hardship.” Routine adjustments—such as modified breaks, seating, or remote work—will often be considered reasonable. Employers must clearly justify if an accommodation genuinely disrupts operations or is cost-prohibitive. Employers should also be prepared to provide interim accommodations even while seeking documentation, ensuring employee needs are promptly addressed.

Extension “In the Near Future” and Duration of Protection
In contrast to the ADA’s indefinite timeline, the PWFA’s definition of “qualified individual” allows temporary inability to perform essential functions—such as during postpartum—provided the employee can resume work “in the near future,” defined generally as 40 weeks for pregnancy. Some commenters urged extending this to one year postpartum, especially for mental health recovery. However, the flexibility of this definition enables employees experiencing postpartum depression to remain employed and accommodated during critical recovery periods.

Public Support and Advocacy for Maternal Mental Health
Advocacy groups praised the explicit protection for postpartum depression. Many urged the EEOC to expand the rule’s scope to maternal mental health disorders and extend the postpartum timeline. Supporters emphasized that clear rules reduce repeated denials, foster safer workplaces, and acknowledge mental health as essential to postpartum care. These voices played a significant role in shaping the final rule and increasing public understanding of postpartum conditions.

Challenges and Opposition
Not everyone supports the expanded rule. Critics argue including abortion, contraception, and broader reproductive health conditions strays beyond the intent of the PWFA. Business groups expressed concerns about excessive administrative burden and asked for case-by-case approaches and periodic re-documentation. Litigation challenging the rule—particularly around abortion accommodation—continues in several states, though at least one federal judge upheld inclusion of abortion as a covered condition. The postpartum depression provision remains largely uncontested and broadly supported across healthcare and employment advocacy sectors.

Implementation and Employer Preparation
With the final rule effective June 18, 2024, employers with 15 or more employees must now update their policies and procedures. This includes training managers and HR staff on recognizing requests for accommodations related to postpartum depression, ensuring access to intermittent leave and flexible scheduling, and maintaining an interactive process framework that allows individualized discussion and solutions. Employers must also limit documentation only to what confirms a pregnancy-related condition and maintain confidentiality in handling employee medical information. Proper documentation of the process and accommodations can also protect employers from liability while ensuring the employee’s rights are respected.

Real-World Impacts and Positive Outcomes
Employee advocacy groups report positive outcomes from increased awareness and early implementation of the rule. Many workers, especially in low-wage sectors, have already experienced improved access to necessary mental health care and greater job security. These protections have contributed to reduced stigma around postpartum mental health and encouraged more open communication between employees and employers. Organizations that have embraced the rule report higher employee satisfaction, improved retention rates, and a more inclusive workplace culture.
By explicitly covering postpartum depression as a pregnancy-related medical condition, the EEOC’s proposed rules provide crucial workplace protections for maternal mental health needs. Employers must accommodate therapy appointments, flexible schedules, and light-duty assignments unless doing so creates undue hardship. The interactive process and permissive documentation rules ease access to care. Though some stakeholders raised concerns about scope, the benefits for employees particularly those in vulnerable jobs are clear. Implemented since June 2024, these rules mark a pivotal shift in recognizing and supporting postpartum mental health in the workplace.

Postpartum depression is a condition that involves physical, emotional, and behavioral changes that occur in some women after giving birth.
Most new mothers experience “baby blues” after giving birth, especially when they already have depression symptoms. About 1 in 10 of these women develop more severe and long-lasting depression. Our UrgentWay healthcare providers are here to provide postpartum depression screening and postpartum depressionprognosis