Abortion Coverage and Leave Policy

An Abortion Coverage and Leave Policy is a document used by an employer that covers their policies regarding coverage for leave and expenses associated with eligible employees receiving abortions. This policy is meant to provide a compassionate and comprehensive framework that addresses employees' reproductive health needs, particularly those related to abortion.

This policy can act as a reflection of an employer's commitment to the well-being and diversity of its employees, but also as a response to the unique challenges posed by the current political climate. It is designed to support and protect employees during significant life events, respecting their personal choices while navigating the complexities of legal and social landscapes.

For employers who wish to provide their employees with these benefits, it is important to have a clear policy so that employees understand what the employer offers. Keep in mind that having an abortion policy can differentiate a small business within an industry or community.

This Abortion Coverage and Leave Policy is one of many employer policies available on this website. An employer creating this policy might also wish to create or update relevant related policies, such as a Remote Work Policy, for employees who may need additional time out of the office to attend to their health while still having some capacity to work remotely, or an Employee Privacy Policy, for employees who wish to keep the sensitivities of their health out of the workplace.

How to use this document

This Abortion Coverage and Leave Policy document is a comprehensive resource and includes everything an employer needs to create a customized leave policy for employees receiving abortions. In addition to outlining details about the employer, such as who, if anyone, has been selected to adminstrate this policy, and which employees will be eligible to receive these benefits, this policy allows the employer to customize the following main elements:

• Abortion Coverage

This employer is able to specify whether their sponsored health insurance plans cover the cost of receiving an abortion.

• Abortion Leave

The employer has the option to offer leave from work for employees to receive an abortion as well as time for their health to recover after the procedure. The employer can outline the length of this leave and whether some or all of the leave will be paid.

• Out-Of-State Abortion Access

Recognizing the variations in abortion laws across states, this policy gives employers the option to include provisions to support employees who need to travel out of state for abortion services when they are not legally accessible in their home state. The employer is also given the choice to cover expenses related to transporation, accommoations, and other travel-related expenses for employees receiving abortions out of state.

After developing their abortion coverage and leave policy, the employer should be sure to provide employees with a copy and have them sign and date the policy. It is also best practices to update the Employee Handbook, if one exists, to include verbiage about the policy. If desired, the employer can also document the employees' acknowledgement of the policy in their personnel files once they are returned.

Applicable law

Abortion coverage and leave is the subject of both federal and state laws. The primary federal law related to this subject is the Family and Medical Leave Act (FMLA). The FMLA provides unpaid leave benefits for eligible employees. While it does not specifically address abortion, it covers certain medical conditions and childbirth, impacting the policy's leave duration and job protection aspects. In addition, the Health Insurance Portability and Accountability Act (HIPAA) is a privacy law related to the handling of employees' personal and medical information. State-specific laws govern various aspects of abortion access, pregnancy discimination, and family leave.

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