The Under Secretary of Defense for Personnel and Readiness issued a memorandum on June 28, 2022, to address “Ensuring Access to Essential Women’s Health Care Services for Service Members, Dependents, Beneficiaries, and Department of Defense Civilians.”
The Under Secretary of Defense for Personnel and Readiness issued a memorandum on June 28, 2022, to address “Ensuring Access to Essential Women’s Health Care Services for Service Members, Dependents, Beneficiaries, and Department of Defense Civilians.” As explained in the Under Secretary’s memorandum, federal law restricts the Department from performing abortions or paying to have them performed unless the life of the mother would be endangered if the fetus were carried to term, or unless the pregnancy is the result of rape or incest (described in this document as “covered abortions”). The Supreme Court’s decision does not prohibit the Department from continuing to perform covered abortions, consistent with federal law. There will be no interruption to this care.
The Under Secretary’s memorandum also explained that the Supreme Court’s decision does not affect the Department’s leave policies. Existing Department policy authorizes active duty service members to travel as necessary to receive abortion care — either as Government funded, official travel for a covered abortion, or at the Service member’s own expense on regular leave for all other cases. Access to emergency or convalescent leave remains unchanged for all Service members. DOD civilian employees may continue to request sick leave and other forms of leave as necessary to meet the health care needs of the employee and his or her family members. Sick leave may be used to cover travel that is necessary to obtain any type of medical treatment.
Since the issuance of the June 28, 2022 memorandum, members of our community have sought additional clarification about existing Departmental policy. The answers here:
- Provide a general overview of existing policies and are not intended to alter or amend those policies.
- Apply broadly to the Force as a whole and the term “Service member” is used with that intent. When there is a meaningful distinction between the Active and Reserve component more specific terms are used to highlight and clarify the distinction.
- Do not constitute legal advice. Please direct any specific questions through your chain of command or supervisory chain or to the appropriate medical, legal, or personnel policy experts.