Not long ago, paid maternity leave was a cutting-edge benefit for women in the workforce. Today, the conversation is expanding beyond just maternity leave as state legislatures and employers consider new workplace protections for women's broader health needs — ranging from fertility treatments to reproductive loss and menopause.
Across the country, employment laws are beginning to address the unique challenges women and caregivers face across the spectrum of their careers. While many employers already offer benefits to support employees during critical life stages, some state legislatures are now taking a more active role by formally requiring certain protections rather than leaving them up to employer discretion. These changes not only give women the support they need but also help employers foster a workplace culture that promotes engagement, satisfaction, and long-term retention.
Key Areas of Emerging Legislation
Pregnancy & Prenatal Care
States are recognizing that supporting women's health begins well before childbirth, with policies designed to cover prenatal care and medical appointments during pregnancy. For example, New York implemented a Paid Prenatal Leave law to assist employees during pregnancy. Since January 1, 2025, all private-sector employers in New York must provide 20 hours of paid leave annually, in addition to existing sick leave, for pregnancy-related medical appointments, including check-ups, medical procedures, and consultations with healthcare providers.
Pregnancy Loss & Fertility Treatment
States are also beginning to address the significant impact of pregnancy loss and fertility treatment on employees.
California has enacted laws protecting employees from discrimination based on reproductive health decisions and has expanded its bereavement provisions to provide leave for pregnancy and other reproductive losses. For example, the following two laws took effect on January 1, 2024:
- Contraceptive Equity Act of 2022 (Senate Bill 523): This law prohibits discrimination, harassment, and retaliation based on an employee's reproductive health decision making. The law ensures that employees can make choices about contraception, fertility treatment, and other reproductive care without fear of workplace repercussions.
- Leave For Reproductive Loss (Senate Bill 848): This law requires covered employers to provide eligible employees up to 5 days of protected leave following a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
Massachusetts has also expanded its Earned Sick Time Law (M.G.L. c. 149, sec. 148C) to cover reproductive loss events. As of November 21, 2024, employees may use earned sick time to care for themselves or their spouse in the event of pregnancy loss or failed assisted reproduction, adoption, or surrogacy.
Menstrual Health & Menopause
As workplace wellness evolves, state legislatures are also addressing menstrual health and menopause, recognizing that these natural life stages can significantly affect employee well-being and productivity.
Rhode Island became the first state to enact a law (House Bill No. 6161) requiring workplace accommodations for employees experiencing menopause. Effective June 24, 2025, the law amends the Rhode Island Fair Employment Practices Act to mandate that employers provide reasonable accommodations (such as modified schedules or additional breaks) for employees experiencing menopause and related medical conditions, unless doing so would cause undue hardship. Employers must also post notices informing employees of their rights and provide this information to new hires.
Following Rhode Island's lead, New York introduced SB S3908 on January 30, 2025, which would amend the Workers' Compensation Law to recognize menstrual complications and menopause as qualifying conditions. Menstrual complications are defined to encompass endometriosis and polycystic ovary syndrome. The legislation would extend existing leave entitlements, allowing employees to take time off to manage menstrual health issues and menopausal symptoms while maintaining their employment.
Practical Considerations for Employers
As laws around women's health continue to evolve, employers should consider the following to ensure their workplace policies and practices remain compliant with applicable laws and support a wellness-forward culture:
- Track emerging state and local requirements to ensure company policies remain compliant with new regulations.
- Review and update leave, accommodation, and benefits policies as needed to reflect legislation covering pregnancy loss, fertility treatments, and menopause.
- Provide clear guidance and training regarding the implementation of these policies.
- For those workplaces who have such groups: involve employee resource groups, including women's and LGBTQ+ networks, when developing programs to address workforce needs.
- Integrate these updates in ways that promote compliance, support a positive workplace culture, and help attract and retain talent.
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