Many employers are prepared to revisit employee benefits and leave policies in the wake of the U.S. Supreme Court overturning the Roe v. Wade decision that legalized abortions across the U.S., a new survey of HR professionals by the Society for Human Resource Management (SHRM) shows.
The Supreme Court’ s June 24 ruling in Dobbs v. Jackson Women’s Health Organization lets individual states allow or restrict abortion access, with a wide variety of state abortion laws expected to emerge.
The SHRM Research Institute surveyed a nationally representative sample of 1,003 HR professionals from May 24, 2022, to June 7, 2022, shortly before the Supreme Court’s widely anticipated ruling and after a draft of the decision had been leaked to the press in early May. Here are some key findings from the survey.
Formal Position Statements
Most organizations (97 percent) did not issue a statement regarding the Supreme Court’s leaked draft opinion overturning Roe v. Wade.
Respondents indicated that employees (94 percent), clients/customers (96 percent) and stakeholders (96 percent) did not have a reaction to their organization not issuing a statement on the draft opinion leak.
“Many employers were reticent to take a formal position on the draft leak,” said Casey Sword, a researcher at SHRM. “However, that could change based on the court’s opinion as employees, customers and stakeholders increasingly expect their organizations to take a stance on social issues.”
Benefits and Resources
When asked to name the top five resources or benefits they currently provide to employees to better support reproductive care, which includes abortion access, respondents answered:
- Paid time off (PTO) to access reproductive care (32 percent).
- Unpaid time off to attend marches, protests, demonstrations, etc. in support of reproductive rights (18 percent).
- PTO to attend marches, protests, demonstrations, etc. in support of reproductive rights (15 percent).
- Providing travel expense benefits (gasoline, airfare, hotels) outside of a health savings account (HSA) for employees to access abortion and reproductive services that are not accessible in their state of residence (5 percent).
- Matching (or double matching) employee donations to groups that support reproductive rights (4 percent).
When asked to name the top six resources or benefits that employers do not currently offer, but are thinking of offering to better support abortion access/reproductive care, respondents answered:
- Providing PTOfor employees to access reproductive care (7 percent).
- Creating relief funds for employees to access reproductive care (7 percent).
- Providing travel expense benefits (gasoline, airfare, hotels) outside of an HSA for employees to access reproductive services that are not accessible in their state of residence (6 percent).
- Offering unpaid time off to attend marches, protests, demonstrations, etc. in support of reproductive rights (6 percent).
- Matching (or double matching) employee donations to groups that support reproductive rights (5 percent).
- Offering PTO to attend marches, protests, demonstrations, etc. in support of reproductive rights (5 percent).
Business Tax Deductibility
Over a third of organizations (35 percent) would not be more likely to provide travel expense benefits (gasoline, airfare, hotel fees) outside of an HSA for employees to access abortion and reproductive services, even if those payments were tax-deductible as a business expense related to health coverage; 6 percent would be more likely to provide travel expense benefits if deductible from business taxes and 59 percent are unsure.
HSA Contributions
Knowing that employees can use HSA funds for travel-related expenses to receive reproductive care in another state, organizations that currently make employer contributions to employees’ HSAs responded as follows:
- Most organizations (87 percent) would not change their contributions to employees’ HSAs.
- 10 percent would consider increasing their employer contributions.
- 3 percent would consider decreasing their employer contributions.
When asked of all respondents who don’t currently offer an HSA to employees:
- 76 percent of organizations would still be unlikely to consider adopting an HSA in the next year.
- 24 percent would be likely to adopt one.
Attracting and Retaining Talent
Nearly a quarter of organizations (24 percent) agree that offering an HSA for employees’ travel-related expenses to receive abortion services/reproductive health care in another state will enhance their ability to compete for talent, while 18 percent disagree and 58 percent neither agree nor disagree.
Among HR respondents at companies that said providing travel-related expenses would enhance their ability to compete for talent:
- 33 percent work at extra-large organizations (more than 5,000 employees).
- 25 percent work at large organizations (with 500 to 4,999 employees).
- 15 percent work at medium-sized organizations (100 to 499 employees).
- 20 percent work at small organizations (one to 99 employees).
Changes to DE&I Programs
Top anticipated changes to organizations’ diversity, equity and inclusion (DE&I) efforts if Roe v. Wade is overturned include:
- Increasing support within an employee assistance program for abortion access/reproductive care (29 percent).
- Providing resources for employees to get additional information, advice, counseling (county health department, Planned Parenthood, women’s services, etc. (24 percent).
- Providing time off for employees and their significant other (or caretaker) needing reproductive care, physical health or mental health (17 percent).
- Incorporating within your company’s DE&I programs the topic of abortion access/reproductive rights (14 percent).
- Increasing women’s reproductive coverage in employee health care benefits (13 percent).
Related SHRM Articles:
Be Aware of Legal Risks with Post-Roe Abortion Benefits, SHRM Online, May 2022
Employers Likely to Revisit Abortion Coverage, Other Benefits, If Roe Is Overturned, SHRM Online, May 2022
