Congresswoman Nikema Williams Leads Call for Better Labor Rights Practices Involving Women with Endometriosis

WASHINGTON D.C. – Congresswoman Nikema Williams led 11 members of Congress in a letter to the U.S. Secretary of Labor Lori Chavez-DeRemer urging her to increase the visibility of endometriosis and adenomyosis in the Family Medical Leave Act (FMLA).

Currently, the WH-380 Certification of Health Care Provider for Employee’s Serious Health Condition under the FMLA provided by the Department of Labor states, “FMLA Chronic Conditions: (e.g. asthma, migraine headaches) Due to the condition, it is medically necessary for the patient to have treatment visits at least twice per year.” Under current law, Endometriosis and Adenomyosis already meet the definition of chronic serious health conditions for purposes of FMLA. In addition, these conditions qualify under the ADA based on their ability to substantially limit one or more major life activities However, because Endometriosis and Adenomyosis are not listed, most employees do not obtain any protection under this law. This lack of protection impacts tens of millions of employers, employees and their families as well as the economy.

The members wrote:

“In practice, employers, HR professionals, and even healthcare providers rely primarily on Department of Labor guidance when determining whether a condition qualifies for FMLA. When a condition is named on the certification form, it is understood to be legitimate and protected. When it is absent, it is frequently treated as discretionary, minimized, or misunderstood.”

“There are three key types of endometriosis: superficial peritoneal, ovarian, and deep infiltrating, and the impact on the body is pervasive and long-lasting. In addition to pelvic pain, these conditions are full-body and systemic and can involve multiple organ systems, leading to symptoms such as shortness of breath due to diaphragmatic or thoracic involvement, leg pain and impaired mobility from sciatic endometriosis, bowel and bladder dysfunction, chronic fatigue, and debilitating menstrual symptoms, all of which contribute to its profound economic and social impact. It causes severe pain and infertility, hinders the ability to work, and significantly reduces the quality of life, with a substantial economic impact. That is why we must ensure that employers and employees alike understand that the FMLA applies to these conditions.”

“While no form can provide an exhaustive list of chronic conditions, listing Endometriosis and Adenomyosis on the Department’s FMLA website, on the WH380 form, and in educational materials would have immediate, real-world impact that benefits employees and employers alike. In addition, we encourage the Department to describe these conditions accurately as full-body, systemic diseases that can fluctuate and are multidimensional, as this is essential to proper FMLA administration. This clarification would improve consistency in FMLA determinations, reduce disputes and improper denials, support employer compliance, and align DOL guidance with existing law and medical reality.”

The letter was cosigned by: Rep. Yassamin Ansari (AZ-03), Rep. Yvette D. Clarke (NY-09), Rep. Sylvia R. Garcia (TX-29), Rep. Jimmy Gomez (CA-34), Rep. April McClain Delaney (MD-06), Del. Eleanor Holmes Norton (DC-At Large), Rep. David Scott (GA-13), Rep. Darren Soto (FL-09), Rep. Rashida Tlaib (MI-13), Rep. Lauren Underwood (IL-14), and Rep. Nydia M. Velázquez (NY-07).

Read the full letter here.