What abortion bans in Arizona and Florida mean for employers and families

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Florida and Arizona are the latest states to intensify their bans on abortions, further limiting Americans' ability to access life-saving reproductive care. But new legislation doesn't mean employers should back down from their stances on family-planning healthcare and bodily autonomy, even as the laws become increasingly intimidating. 

The Arizona Supreme Court has ruled that the state can enforce an 1864 abortion ban, which makes no exceptions for incest or rape. Across the country, Florida's governor, Ron DeSantis, signed into law a six-week ban on abortions, amending the previous 15-week ban. This means that people within these states will virtually have no way of accessing abortion care unless they're actively dying (and doctors will have to be able to prove their patients are dying to perform the procedure without repercussions), or they realize they're pregnant within six weeks of conception. As for traveling out of state, these new laws have just made the journey that much more arduous.

Read more: Employers and employees face legal risks amid abortion 'trafficking' laws

"This is likely to be particularly pronounced for those in Florida, where the surrounding Southern states already have strict reproductive healthcare laws on the books," says DeNora Getachew, CEO of DoSomething.org. "Those seeking reproductive care in Florida will need to travel as far as Virginia, which for many will be prohibitively expensive. And clinics in many of these states with broader reproductive healthcare access are already overtaxed from the surge that began after Roe v. Wade was overturned."

According to the Gender Equity Institute, women in states with abortion bans are three times more likely to die during pregnancy, childbirth or after giving birth than those in states with access to abortion care. In a country already ranked as having the highest maternal mortality rate among developed nations before the historic Roe v. Wade decision, abortion access was not something Americans could afford to lose. As employers revisit their abortion benefits, such as out-of-state care assistance and robust coverage, they need to keep this in mind, says Monifa Bandele, chief strategy officer at MomsRising, a social welfare organization and advocacy group dedicated to families.

"The criminalization of [abortion care] has a chilling effect on people who would otherwise want to help," she says. "But employers can still offer benefits. Even just providing time off so people can deal with these very important health situations is really key." 

Read more: What Alabama's IVF ruling will mean for employees seeking fertility care

Employers are considering these issues ahead of the 2024 election: According to research by Employee Benefit News, 20% of employers think reproductive rights in the wake of Roe v. Wade is the most urgent issue for the next administration and Congress to address. Additionally, 14% of employers provided travel stipends for employees, and 13% increased access to fertility benefits.

Bandele further advises employers to work with their legal teams to ensure their abortion travel benefits continue to be safe for employees to use. This may mean guiding employees to a third-party administrator who gives them access to funds for out-of-state care, minimizing employer accountability. She also stresses that employers promote civic engagement now more than ever before.

"One of the things that we've seen in places like Ohio and Kansas is that when the voters decide what kind of access to healthcare they want, these abortion bans are defeated," says Bandele. "Make sure it's clear in your policies that people can take time to go out and vote on election day."

Getachew is confident that these young voters will be especially outraged by these bans, noting that Gen Z voters rank healthcare as the third most important political issue, just behind student loan debt and cost of living. However, she acknowledges that many young Americans are also distrustful of the U.S. political system and may feel voting won't get them anywhere.

Read more: How this reproductive healthcare company supports employees and patients with abortion care

"Young people need to know that, despite any disenchantment they may be feeling about which elected officials are on the ballot, there are issues at stake in this election that will have a direct impact on their futures," says Getachew. "And the candidates on the ballot have a direct impact on how those issues are addressed in statehouses nationwide."

Bandele underlines the importance of employers and voters pushing for federal protection of abortion care, as well as paid family and medical leave. People can only go so far without the right social safety nets in place, she states. 

"What we need as a union is a national piece of legislation," says Bandele. "Otherwise, it's going to be a game of whack-a-mole with these bans for a very long time, given the makeup of the [state and Supreme] courts."

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