Returning to Work After Maternity Leave: The Invisible Toll on Moms

The first year of your baby’s life is the most crucial time for bonding and connection. According to research, the first year of an infant’s life determines not only their overall health and life trajectory, but it is often predicated on the mother’s mental and physical well-being. Promoting a secure attachment between mother and baby is based on both the quality and quantity of time spent attuning to their physical and emotional needs. When we look at attachment theory, the overarching component is that caregivers “must be present and accessible in order for their children to become attached to them” . In Western society, when a woman is expected to return to work after 12 weeks, that vital time for bonding is significantly disrupted.

The Impact on Mental Health

With an estimated 1 in 10 woman experiencing postpartum depression and anxiety, returning to work only exacerbates the distress a woman feels during this incredibly vulnerable time. Women going back to the workforce after the average 12 weeks of maternity leave are at risk for experiencing postpartum depression and anxiety, which impacts the mother and infant attachment. During this difficult transition away from home, women may experience increased anxiety about leaving the baby alone with another caregiver, depressive symptoms from hormonal shifts, guilt, shame, stress about your new routine and schedule, and an increased pressure to perform your job well. All of this is compounded with lack of sleep and significant changes to your home environment and relationships. In a recent study on mental health related outcomes upon postpartum work re-entry, a significant portion of women struggled with their health and emotional needs, reporting physical complications of childbirth and time away from their baby as most negatively impactful. These findings suggest that employers must address the unique needs of women if they want to continue to support their workforce and create an equitable environment.

 

The Pregnant Worker’s Fairness Act

The Pregnant Worker's Fairness Act (PWFA) is a United States Law that was enacted in June 2024 requiring covered employersto provide a reasonable accommodation to employees with a known limitation arising from pregnancy, childbirth or related medical conditions. Empowering women to advocate for themselves by voicing their request for accommodations in the workplace is a monumental shift in women’s rights. The PWDA bridges the gap between the Pregnancy Discrimination Act of 1978 (PDA) and the Americans with Disabilities Act of 1990 (ADA). Although these protections are vital, they require significant leg work and have limitations. However, with the PWFA, the qualifications for ensuring the likelihood of accommodations are much broader- therefore, increasing the likelihood that mother’s who are returning to the work force will be provided with the care they deserve. And when mom is doing well, baby is doing well- thus, strengthening the secure attachment and decreasing the likelihood for adverse health outcomes later in life.

 

How Does the PWFA Protect Women?

The PWFA prohibits employers from:

• Requiring covered employees to “accept an accommodation other than any reasonable accommodation arrived at through the interactive process”;

• Denying “employment opportunities” to covered employees “based on the need” to “make reasonable accommodations”;

• Requiring covered employees “to take leave, whether paid or unpaid, if another reasonable accommodation can be provided”; and

• Taking “adverse action in terms, conditions, or privileges of employment against” covered employees requesting reasonable accommodations;

• Retaliating against employees for reporting or opposing unlawful discrimination under the PWFA.

What Are Some Examples of Common Reasonable Accommodations?

• Light duty, including limiting or assisting with manual labor and lifting or climbing

• Temporary transfer to a less physically demanding or safer position

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom

• Changing food or drink policies to you allow you to eat or drink water at your workstation

• Providing additional equipment, such as a stool to sit on at your workstation

• Making existing facilities easier to use, such as relocating your workstation closer to the restroom 

• Changing a uniform or dress code, like allowing you to wear maternity pants

• Limiting exposure to hazardous chemicals and other workplace hazards

• Flexible/modified scheduling, such as for prenatal or postnatal doctor’s appointments or to accommodate morning sickness

• Remote work or telework

• Time off for prenatal appointments

• Leave or time off to recover from childbirth, even if you don’t qualify for leave under other laws like the FMLA

• Leave or time off for other pregnancy- or postpartum-related health issues, such as bedrest, recovery from miscarriage, postpartum depression, or mastitis

• Lactation-related accommodations, such as providing a worker break time to pump milk or creating a clean, private lactation space (that isn’t a bathroom).

 

How Can I Advocate For Myself When I Return to Work?

• Meet with HR and your supervisor to discuss your request for a reasonable accommodation and bring the PWFA guidelines and any relating company policy with you.

• Print any supporting documentation for your specific accommodation and limitation. The act explicitly does not tie “known limitations” to the definition of a “disability” under the ADA, meaning the term applies to a broader range of conditions than those covered under the ADA.

• Be prepared to engage in the interactive process with your employer (which they are required by law to do) to determine an alternative reasonable accommodation if your specific request cannot be met due to “undue hardship”.

• Don’t hessite to request in writing the rationale for your employer being unable to provide your reasonable accommodation and the ways in which it causes “undue hardship.”

• Contact an employee discrimination lawyer or go to HR if you feel you are being discriminated against.