Know your rights
Menopause at work: what's protected, and what to ask for
Is menopause covered by the ADA?
Not automatically. The Job Accommodation Network (JAN) explains that natural menopause isn't an impairment under the ADA, but menopause caused by surgery, chemotherapy or pelvic radiation may be — and any condition, symptom or complication that substantially limits a major life activity can qualify. Courts have let some menopause-related claims go forward, mostly involving surgical menopause, but there's no settled rule. The ADA applies to employers with 15 or more employees.
Does the Pregnant Workers Fairness Act cover menopause?
Not as written. The PWFA rule's list of related medical conditions includes menstruation and endometriosis, but not menopause (the list is described as non-exhaustive). The EEOC plans to propose revisions to the PWFA rule in November 2026, so this may change.
Can I take FMLA leave for menopause symptoms?
Possibly. FMLA has no list of covered conditions. Menopause symptoms can qualify if they meet the definition of a serious health condition — for example, a chronic condition that needs treatment at least twice a year and causes episodes where you can't work. You also have to meet FMLA's eligibility rules (12 months with the employer, 1,250 hours worked, and an employer with 50 or more employees nearby). Intermittent leave is allowed.
Which states protect menopause at work?
- Rhode Island — in force since 24 June 2025, for employers with 4 or more employees. Employers must reasonably accommodate conditions related to menopause, including the need to manage hot flushes and night sweats. You don't need to show a disability.
- Philadelphia — takes effect 1 January 2027. It bans discrimination based on menstruation, perimenopause and menopause, and requires accommodation when symptoms substantially interfere with your job, you ask, and it isn't an undue hardship for the employer.
- California's and Virginia's 2026 menopause bills were vetoed. A Connecticut bill did not pass. Bills in other states are pending.
- Federal: the Menopausal Workers' Fairness Act (H.R. 9671) was introduced in July 2026. It is not law.
Comments mocking menopause can also be part of a sex-based harassment claim under Title VII — one federal court let a claim go forward partly on a supervisor's remark about "women going through menopause."
What accommodations can I ask for?
Ask for what fixes your specific problem. Common requests:
- Hot flushes and night sweats: a desk fan, a cooler work area or one with its own temperature control, seating away from heat sources or near a window, relaxed uniform or dress code, breathable fabrics, access to cold water.
- Poor sleep and fatigue: a flexible start time, adjusted shifts, short rest breaks, working from home some days.
- Brain fog: written instructions and agendas, reminders and task lists, quieter workspace, extra time for detail-heavy work.
- Heavy or unpredictable bleeding: easy restroom access, extra breaks, a desk near a restroom, permission to keep supplies and a change of clothes at work.
- Appointments: flexible scheduling or leave for medical visits.
The Job Accommodation Network (askjan.org) is free and will talk through ideas with you or your employer.
How do I ask?
- Put it in writing (email is fine) and say you're requesting an accommodation for a health condition.
- Name the limitation, not just the diagnosis: "I have sudden overheating episodes that make it hard to concentrate in a warm room."
- Suggest a specific fix, and say you're open to alternatives.
- Keep copies of everything.
- If you're asked for medical documentation, your provider's letter only needs what's relevant to the request — not your full medical records.
What should my provider's letter say?
Following JAN's guidance, a good letter is on letterhead and includes: that you have a condition (a diagnosis only if your employer insists), which activities or functions it limits, the specific limitations at work, suggested accommodations and how each one helps, and an offer to answer follow-up questions. It shouldn't lock you into a single option.
What about the UK?
The Equality Act 2010 doesn't list menopause on its own, but menopause-related treatment can be sex, age or disability discrimination, and symptoms that are substantial and long-term can count as a disability that triggers reasonable adjustments (EHRC guidance, February 2024, updated August 2025). Under the Employment Rights Act 2025, employers with 250+ staff will have to publish action plans covering the gender pay gap and menopause. That's voluntary from April 2026 and expected to become mandatory from spring 2027.
What about school or college?
Colleges must accommodate students under Section 504 and the ADA if symptoms substantially limit a major life activity — the same test as at work. This matters most for students with early, surgical or treatment-induced menopause. Start with your disability services office.
What sources does this page use?
- JAN. Is menopause a disability under the ADA? https://askjan.org/publications/consultants-corner/vol09iss01.cfm
- JAN. Medical provider support for accommodation request. https://askjan.org/articles/Medical-Provider-Support-for-Accommodation-Request.cfm
- 29 CFR 1636.3 (PWFA). https://www.law.cornell.edu/cfr/text/29/1636.3
- 29 CFR 825.115 (FMLA continuing treatment). https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-A/section-825.115
- R.I. Gen. Laws § 28-5-7.4 (as amended by P.L. 2025, ch. 225 and 226). https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/28-5-7.4.htm
- Philadelphia Bill No. 250849 (signed 3 Dec 2025). https://files.amlegal.com/pdffiles/Philadelphia/250849.pdf
- H.R. 9671, Menopausal Workers' Fairness Act of 2026. https://www.govinfo.gov/app/details/BILLS-119hr9671ih
- EEOC. Revisions to the PWFA Regulations, RIN 3046-AB36 (Unified Agenda). https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=3046-AB36
- Bailey v. Henderson, 94 F. Supp. 2d 68 (D.D.C. 2000).
- Karin ML, Widiss DA. Menstruation, menopause, and the Pregnant Workers Fairness Act. Harv J Law Gend. 2025;48:103.
- Equality and Human Rights Commission. Menopause in the workplace: guidance for employers. Feb 2024, updated Aug 2025. https://www.equalityhumanrights.com/guidance/menopause-workplace-guidance-employers
- GOV.UK. Creating an action plan (gender pay gap and menopause). Mar 2026.
How should I cite this page?
Niehaus L. Menopause at work: what's protected, and what to ask for. The Lily Perspective. Published October 2026. Updated October 2026. https://lilyperspective.com/toolkit/menopause-accommodations
© 2026 Lily Niehaus. All rights reserved. You're welcome to link to this page or quote short passages with credit to The Lily Perspective.

