The law introduces several key provisions that enhance accessibility and inclusivity in fertility treatment:

• Expanded insurance coverage: Employers offering large-group health plans must now cover up to three completed egg retrievals and unlimited embryo transfers, increasing the likelihood of successful pregnancies.
• Redefined infertility eligibility: SB 729 broadens the definition of infertility, ensuring that single individuals and LGBTQ+ employees receive equal access to fertility treatments, rather than limiting benefits to heterosexual couples.
• Financial relief for employees: By mandating insurance coverage for IVF, the law removes a major financial barrier, making fertility treatments more accessible to those who need them.

H.R. 2828: Expanding fertility coverage to federal employees

While SB 729 primarily impacts private-sector employers in California, H.R. 2828—the Family Building FEHB Fairness Act—aims to extend IVF and infertility coverage nationwide by mandating that all Federal Employees Health Benefits (FEHB) plans include assisted reproductive treatments. If passed, this federal legislation would ensure comprehensive fertility coverage for federal employees, setting a precedent that could encourage private employers to expand their own benefit offerings.

Together, SB 729 and H.R. 2828 reflect the growing momentum toward universal fertility coverage, signaling that IVF and assisted reproductive treatments are becoming an essential component of employer-sponsored health care rather than an optional perk. As more states and policymakers recognize the need for equitable access to fertility care, similar mandates may soon become the industry standard.

How these mandates are reshaping fertility benefits in the workplace

The expansion of state and federal IVF mandates is prompting employers across industries to reevaluate their fertility benefit strategies. Even for companies outside California or the federal workforce, these policies set a powerful precedent, signaling that comprehensive fertility coverage could soon become a national standard. As more legislative efforts push for inclusive access to reproductive health care, businesses must proactively adapt to these changes to stay competitive and compliant.

For employers, these mandates introduce several key considerations:

• Ensuring compliance with new legal requirements, adjusting health plans to meet mandated fertility coverage.
• Anticipating increased demand for IVF and other assisted reproductive technologies, preparing for the financial and logistical implications.
• Providing equitable access to fertility care for all employees, including LGBTQ+ individuals, single parents by choice and those pursuing alternative family-building options.

As employee expectations for family-forming support continue to grow, businesses that prioritize fertility coverage will not only foster a more inclusive workplace but also reinforce their commitment to employee wellbeing and reproductive equity.

Why employers should invest in fertility benefits now

Taking a proactive approach to expanding fertility benefits offers tangible business advantages, from enhancing talent attraction to boosting employee engagement and productivity. As fertility treatments become more accessible under new mandates, employees are placing greater value on reproductive health care benefits, making them a critical factor in workplace satisfaction and retention.

One of the most compelling reasons to invest in fertility benefits is talent attraction and retention. Research shows that 88% of employees would consider changing jobs for better fertility benefits, underscoring the growing demand for comprehensive reproductive health care. By offering IVF coverage and other fertility services, employers can differentiate themselves as industry leaders in employee wellbeing, ensuring they attract and retain top talent in a competitive job market.

Related: Republican House bill could create $40K IVF tax credit

Beyond recruitment, comprehensive fertility benefits contribute to increased productivity and overall employee wellbeing. Fertility treatments can be emotionally, physically and financially taxing, often leading to stress, absenteeism and reduced workplace engagement. By offering meaningful support through covered treatments, flexible work arrangements and mental health resources, employers can help alleviate these burdens, allowing employees to remain focused, engaged and productive while navigating their family-building journey.

Expanding fertility benefits is also instrumental in promoting workplace inclusivity. With SB 729 and H.R. 2828 ensuring that fertility coverage is equally accessible to all employees, offering comprehensive reproductive health care reinforces an employer’s support for diverse family-building needs. By ensuring all employees, regardless of marital status or lifestyle, have access to fertility treatments, companies cultivate a more inclusive and supportive workplace culture.

Employers that embrace these changes now will be better positioned to compete for top talent, enhance employee satisfaction and establish a workplace culture that prioritizes inclusivity and wellbeing. As the demand for fertility benefits continues to grow, businesses that invest in comprehensive, forward-thinking reproductive health care policies will stand out as leaders in the evolving workplace landscape.

Cost-effective approaches to implementing fertility benefits

For many employers, the prospect of expanding fertility benefits raises concerns about financial impact. However, offering comprehensive reproductive health care does not have to be cost-prohibitive. With strategic planning and innovative cost-saving measures, companies can increase access to care that is both affordable and high-quality, ensuring employees receive the support they need without excessive financial strain.

One effective approach is adopting packaged or bundled payment plans which allow employers to cover multiple IVF cycles at a negotiated rate. This method reduces financial risk while increasing the likelihood of successful treatment outcomes with more patient-centered and cost-effective care.

Another cost-efficient strategy is implementing a pay-as-you-go model. Instead of flat fees per employee, some companies opt for on-demand fertility coverage, meaning they only pay for treatments when they are actually used. This approach aligns employer spending with actual demand, making it a financially sustainable option for organizations looking to provide fertility benefits without unnecessary upfront costs.

Additionally, partnering with specialized fertility networks can help employers lower costs while ensuring that employees receive evidence-based, high-quality care. These collaborations streamline treatment plans, provide discounted services and grant employees access to top-tier reproductive specialists, enhancing both efficiency and affordability.

By implementing these targeted cost-saving measures, companies can offer meaningful fertility benefits while maintaining financial sustainability. As IVF mandates expand and employee expectations evolve, investing in cost-effective fertility solutions enables businesses to stay competitive, support workforce wellbeing and foster a more inclusive workplace.

A new standard for fertility benefits

The introduction of SB 729 and H.R. 2828 is more than just a policy change—it is a catalyst for a national transformation in employer-sponsored fertility benefits. As more states consider similar legislation and federal mandates push for expanded coverage, companies must recognize that fertility benefits are becoming a core expectation, not an optional perk.

Employers that proactively adapt to these changes will not only comply with legal mandates but will also strengthen their workplace culture, attract top-tier talent and reinforce their commitment to employee wellbeing. By embracing these evolving standards, businesses invest not just in their employees’ family-building journeys—but in their own long-term success.