Post-Roe Ruling and Employee Benefits

3 minute read

The Supreme Court recently overturned Roe v. Wade, which ends federal protections for abortion rights and permits states to implement their own regulations. As organizations will likely be affected by the court’s decision, employers are encouraged to consider the ruling and the potential impact on their organization.

Understand State Laws

Employers should know the laws of reproductive rights in the state in which they operate as well as any state where their employees physically work. They should evaluate the effects on these laws, including any limitations on health coverage and benefits.

Not all employers will be impacted equally by the ruling. Self-insured group health plans are governed by federal law under the Employee Income Security Act. They are not regulated by state insurance law. Fully insured group health plans are subject to state insurance law and coverage of reproductive services will depend on state laws in which the organization operates.

Review Health Plan Benefits and Coverage

Employers can review their benefits and leave policies to know what is currently covered and determine if anything will change because of the ruling. Self-insured employers will generally have more flexibility in structuring health benefits, while fully insured group health plans will depend on state-specific laws.

Many employees will likely have questions about their health plan coverage. Employers should be knowledgeable about their benefits and leave policies to effectively support their employees and answer any questions they may have.

Communicate with Employees

Employers should consider reaching out to their employees to better address concerns and evaluate whether modification of health benefits is appropriate. Using surveys or speaking directly to employees can give employers an idea of their feelings and thoughts about the ruling. Any feedback provided can help employers decide whether there are any changes or needs that must be addressed, including mental health concerns. Mental health issues have been high, prior to the ruling, and it’s important to remind employees about the resources available to them.

Consider Altering Health Benefits

After evaluating benefits and speaking to employees, employers should consider whether they should make any changes to comply with the ruling. Some employers are considering making the following changes to their benefits:

• More robust leave, including paid and unpaid
• Child care benefits
• Flexible schedules
• Adoption benefits

Any changes to benefits or coverage should be clearly communicated to employees.

Employers should monitor the situation in their state and any state where their employees work. Consulting with legal counsel can help ensure that employers’ health benefits and polices comply with any changes in the law. Download the bulletin for more details.