ATT D12 Employee Guide to Reproductive Health Excusal Requests.pdf

Reproductive Health Training

Requesting to be Excused from Aspects of the Provision of Reproductive Health Care: A Guide for Employees

Reproductive Health Care at the Department of Veterans Affairs

VA is committed to providing access to world-class care and the full range of reproductive health services that Veterans have earned. On September 9, 2022, VA published an interim final rule that now permits VA to perform abortions in certain circumstances and provide abortion counseling to veterans and CHAMPVA beneficiaries.

Employee Rights

The Department of Veterans Affairs respects the religious beliefs, values, and practices of our employees and recognizes that some employees may object to providing certain reproductive health-related services. There are several sets of laws governing these situations, each with their own set of employees who are covered and each with their own required processes. To simplify these processes for employees, employees may communicate to their supervisors or the Reasonable Accommodation Coordinator (RAC) their desire to be excused from providing or participating in aspects of this care. This communication will be the catalyst for the rest of the process.

What are Reproductive Healthcare Services?

https://www.womenshealth.va.gov/docs/AR57-IF-Reg-to-FR-Reproductive-Health-Services.pdf

Reproductive Health Training

The General Process

Below is a summary of the different processes which will be followed depending on the specifics of the situation including the basis for each process and the associated required forms. Employees may be covered under more than one process.

Process Coverage

Associated Forms

Coats-Snowe Opt-Out

Notifications from Physicians (MD and DO), Resident (physician)s, Fellows (physician), and Medical Students (physician trainees) to be excused from performing induced abortions, providing or receiving training, providing referrals, and making arrangements for training.

Form Name: Coats-Snow Form (VA Form 10- 329)

Title VII Accommodation

Requests from any employee to be excused from participating or facilitating any aspect of reproductive care due to sincerely held religious beliefs or morals.

Form Name: Exemption and Accommodation Form (VA Form 10-330)

Religious Freedom Restoration Act Exemption

Requests from any employee to be excused from participating or facilitating for any aspect of reproductive care due to a substantial burden on their exercise of religious beliefs.

Form Name: Exemption and Accommodation Form (VA Form 10-330)

*Forms drafted by Reasonable Accommodation Coordinators and provided to employees for editing and concurrence.

Employee informs Supervisor or RAC of request to be excused

•This communication can be in any form, e.g., orally, in person, email, text message or IM. If request to supervisor, supervisor must notify RAC immediately

RAC contacts the employee to get information necessary to determine the correct process

•This information will include confirmation of an employee's position, the specific tasks or trainings employees are requesting to be excused from, and underlying reason for the request

RAC will work with the employee and supervisor to get to a decision on the request

•Employees will be notified of the outcome of their request via email by the RAC or their supervisor