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Reproductive health services are vital. Abortions provided by competent medical professionals in healthy and sanitary conditions are among the safest medical interventions. But when abortions are limited or criminalized, people are forced to look for unsafe alternatives. 

It is estimated that more than five million women are hospitalized every year due to abortion complications, and among them, around 47 thousand die. These numbers reflect that anti-abortion laws do not deter women from looking for abortions, nor do they reduce of abortions performed every year. These laws do make abortion dangerous.

In the US, access to pregnancy termination was legal from 1973 until June 2022, when the United States Supreme Court overturned Roe v. Wade. However, as a worker, you have rights that protect you if you decide to terminate a pregnancy. Here you can find more information. 

DISCLAIMER: This information does not constitute legal advice. It was taken from a factsheet developed by the Center for WorkLife Law. Because abortion laws are rapidly changing and they vary state by state, you should always talk to a lawyer about your individual rights in a particular situation. For more information about general rights regarding pregnancy termination services, visit https://www.reprolegalhelpline.org/sma-know-your-rights/ or call their helpline at 844-868-2812. 

• Can I get fired or harassed if I had an abortion or pregnancy loss? 

In most cases, it is illegal for your employer to terminate, harass or punish you if you experienced a misscarriage or stillbirth, if you had abortion, for considering having one, or for deciding not to have one. This applies in all states, including those with abortion bans and restrictions. If you work for an employer with more than 15 employees, taking action against you for these reasons could constitute a violation of the Pregnancy Discrimination Act (PDA). If your abortion or misscarriage is is caused by or related to your disability, any retaliatory action could also constitute a violation of the Americans with Disabilities Act (ADA). Even if your employer has fewer than 15 employees, you might be protected by local, state or city laws depending on where you work.

• Do I have to tell my employer about my abortion or pregnancy loss?

Whether to tell your supervisor or coworkers about it is your choice. If you work for an employer with more than 15 employees, and depending on the circumstances, it could be illegal for your supervisor to ask for details about how a pregnancy ended, and you should never be forced to answer this question. Some states have laws regarding privacy that also apply to smaller employers (with less than 15 employees). Although penalties or harassment for having a misscarriage, stillbirth, or an abortion could be illegal, some employers will break the law and might ask you anyways. 

• Can I take time off to have an abortion or because I had a misscarriage?

You may have a right to take time off work to receive care related to an abortion, miscarriage, or stillbirth, as well as the time you need to recover or care for yourself afterwards. This includes time off that you may need to access care, such as attending appointments and time to travel out of state. There are several laws that may require your employer give you time off:

The Family and Medical Leave Act (FMLDA) gives covered employees a right to take up to 12 weeks off work. To determine if you are covered, visit www.dol.gov/agencies/whd/fact-sheets/28-fmla. If you are covered, your employer cannot fire you, change your pay or job duties, or take any other negative action against you because you took time off for abortion or pregnancy loss, or because you asked to take time off. It may also be illegal for your employer to refuse to give you time off, or to try to convince you to not to take time off for an abortion or pregnancy loss. Your employer is not required by the FMLA to pay you during your time off but must allow you to use any vacation or sick pay you have available. Your employer must continue your health insurance benefits during your leave.

The Pregnancy Discrimination Act (PDA) may give you a right to time off, especially if other people working for your employer have been allowed to take time off for other health or personal reasons. For example, an employer cannot prohibit you from using your available sick days or other paid or unpaid time off (“PTO”) for abortion or pregnancy loss. Even if your employer does not have a written policy, they may be required to give you time off for your reproductive health needs if they have given people time off for other reasons, like doctors’ appointments, serious health conditions (heart attack, cancer, etc.), or mild sickness like cough and cold. The Pregnancy Discrimination Act applies only to employers with 15 or more employees, but many states have similar laws that cover smaller employers.

The Americans with Disabilities Act (ADA) may also give you a right to take time off if your pregnancy termination or loss was due to a covered medical condition (for example, depression, lupus, preeclampsia, renal disease). The ADA applies only to employers with 15 or more employees, but most states have similar laws that cover smaller employers. For your state’s laws, visit https://www.workplacefairness.org/disability-discrimination-state-law.

The state, city, or county where you work may require your employer to provide:

• Paid sick days: To find out if you have a right to paid sick days, visit https://www.nationalpartnership.org/our-work/resources/economic-justice/paid-sick-dayscurrent-paid-sick-days-laws.pdf.

• Family and medical leave: Some states may have laws that are like the national FMLA, but cover more employees.

• Paid leave: Some states provide paid leave benefits, like short-term disability, for medical leave related to pregnancy or disability.

• How can I protect my privacy when I ask for time off?

Requesting time off from work for abortion or pregnancy loss can be challenging when you want to keep your reproductive health information private. Every situation is different, and there is not one best way to request time off. However, if you are worried about asking your direct supervisor, you may want to think about asking the Human Resources department instead (if you have one). Human Resources staff are more likely to be familiar with any laws that may require them to keep your medical information confidential, and laws that prohibit discrimination against employees because of abortion, miscarriage, or stillbirth. On the other hand, Human Resources may be more likely than your direct supervisor to ask for medical documentation.

You may also want to say, in writing if possible: “Please keep this private, protected medical information confidential, and do not share it with my coworkers, supervisor, or anyone else who does not have a legitimate reason to know it. If you need to share it beyond Human Resources for any reason, please contact me first. Please keep this information separate from my general employee records, as may be required by state and federal law. Thank you for protecting my privacy.”

• What information should I provide my employer when asking for time off work?

It depends on what laws give you a right to take leave in your state. If you have sick days available under state/local law or your employer policy, this may be your best option for protecting your privacy, because under the laws of many states, your employer cannot require you to provide a doctor’s note or to explain why you need to use sick days.

Under other laws, like FMLA and ADA, your employer can deny your leave request if your healthcare provider does not provide information explaining why you need time off work. More information about the details your employer can request and how to respond visit www.pregnantatwork.org/MedicalInfoPrivacy.

If you must tell your employer about your abortion or pregnancy loss in order to get time off work, and you decide to do so, it is best to wait for your employer to directly ask you for medical information. If you provide private health information without your employer asking you for it, in many cases the employer is not legally required to keep it confidential. For this reason, it is a good idea to ask for time off for a “doctor’s appointment,” “health issue,” or “medical emergency.” It is possible your employer will allow you to take time off without asking for more information. It is also possible that your employer will ask for a doctor’s note explaining why you need leave or ask you to fill out FMLA paperwork. Even if your employer asks for health information, doctors and medical staff may not tell your employer about your pregnancy or abortion without your permission. If you are requesting time off and want your healthcare provider to share only certain information, clearly tell them (in writing, if possible) what they can and cannot share with your employer.

• Can my employer tell others about my abortion or pregnancy loss?

A law that applies in all states, the Americans with Disabilities Act (ADA), requires employers with 15 or more employees to keep your health information confidential when it is provided in response to an employer request for medical information. This applies whether you have a disability or not. In addition, the Family and Medical Leave Act requires your employer to keep confidential the medical information you provide as part of a request for FMLA leave. This means that Human Resources staff are not allowed to tell your coworkers or supervisor that you had an abortion, miscarriage, or stillbirth when you provide that information in response to an employer request or as part of asking for FMLA leave. Additionally, your FMLA paperwork must be kept separately from your general personnel file. Some states have additional privacy protections. Even with these legal protections, you should always be careful to not volunteer private health information to your employer, even to your Human Resources department, without being directly asked for it. Information you provide without being asked may not be considered confidential. Instead, make your initial request by asking for time off for a “doctor’s appointment,” “health issue,” or “medical emergency.” For more, see “What information am I required to provide to my employer when I ask for time off?” Finally, it is important to keep in mind that employers and Human Resources staff may not always follow the law about when to keep health information private. Additionally, although it would be illegal to share legally-protected confidential health information with your coworkers or supervisor, your employer may be allowed to turn over health information when requested by law enforcement authorities as part of a criminal investigation or if required by a court order or subpoena as part of a lawsuit.
 

• What can I do if I think my employer is treating me unfairly or has broken the law?

If you are being harassed or have been treated unfairly because of your pregnancy, miscarriage, stillbirth, or abortion in a way that impacts your pay, job duties, or mental health, you may be experiencing illegal discrimination. Or your employer may have broken the law if they tried to prevent you from taking time off that you had a right to take, penalized you for taking time off, or refused to make “reasonable accommodations” that you had a right to receive for your abortion or pregnancy loss. You may be able to file a complaint yourself or with the help of a lawyer with the Equal Employment Opportunity Commission (EEOC), the equal opportunity office or labor agency of the state/city where you work, or the Department of Labor’s Wage and Hour Division. Which office to contact will depend on your situation. There are often short deadlines for making complaints and filing lawsuits.

Contact the Center for WorkLife Law’s free legal helpline at 844-868-2812 for more information and connections to local resources.