How to Protect Your Job During Perimenopause and Menopause
If you’re experiencing the effects of perimenopause or menopause and finding that it impacts your work, you're not alone. As a women's workplace rights attorney, I’ve spent 25 years fighting to protect women facing sex-based challenges in the workplace, and menopause is no exception, especially now.
Women in their 40s, 50s, and beyond often face symptoms of this natural, reproductive life stage transition such as brain fog, insomnia, and mood swings—issues that can be real and debilitating but often misunderstood in male-dominated work environments.
You shouldn’t have to suffer in silence. Here’s how you can protect yourself and your job when going through this natural stage of life.
You Have Legal Protections
Even though menopause itself isn’t officially classified as a disability or specifically protected as such (yet), the symptoms you experience can still be protected under the Americans with Disabilities Act (ADA). If symptoms such as insomnia, cognitive issues, or hormonal changes affect your ability to perform major life activities—like thinking, sleeping, or working—you have the right to ask your employer for reasonable accommodations.
As I always tell clients, “The symptoms of menopause and perimenopause are protected statuses. It's affecting women—principally over 40—who are protected under the Age Discrimination in Employment Act, and it's also a disability issue that entitles you to ask for accommodations in the workplace.”
This means you can request changes that make it easier for you to do your job while managing your symptoms.
Get Medical Documentation
The first thing you should do is consult a healthcare provider who understands menopause.
This could be a doctor, nurse practitioner, or menopause specialist of any kind. They can document your symptoms and provide a note that supports your request for workplace accommodations.
Whether it’s flexible hours, a change in work environment (like temperature control), or remote work options, having medical support is key. You need a doctor’s note that confirms what you need to continue working effectively with certain flexible adjustments.
Communicate with HR (In Writing)
Once you have medical support, it’s important to notify your employer. Talk to HR confidentially about your symptoms and the accommodations you’re requesting.
This could be anything from a flexible schedule to working remotely. Follow up the conversation with an email to document everything.
What to Expect from Your Employer
Once you notify your employer, they are required to engage in what’s called an "interactive process" with you. This means they must have a conversation with you about what accommodations can be made. Under federal law, companies with 15 or more employees are obligated to work with you on this.
If they deny your request, they must demonstrate that it would cause an undue hardship to the business. They cannot just dismiss your request without serious consideration.
Protect Yourself from Retaliation
If your employer subjects you to backlash, harassment or hostility after you request accommodations—whether it’s giving you a bad performance review, demoting you, or even firing you—this is illegal. You are protected from retaliation under federal and state law.
As I always advise clients, “When you request accommodations related to menopause or perimenopause symptoms and there’s an adverse action taken against you—like a demotion or termination—it’s considered illegal retaliation.”
This means you have the right to fight back if you face unfair treatment after disclosing your menopausal symptoms, as it's only affecting women, typically over 40, who are experiencing protected symptoms that require the company's consideration for reasonable accommodations.
Final Thoughts: Advocate for Yourself
Perimenopause and menopause are natural stages of life, but they shouldn’t force you out of the workplace. You have the right to ask for reasonable accommodations, and your employer is legally obligated to work with you if frame the request properly.
Remember, you don’t have to suffer in silence—take control of your workplace rights today.
Jack Tuckner, Women's Rights in the Workplace Attorney
If you have any questions or need further assistance, don’t hesitate to contact us at info@womensrightsny.com or send me a direct message on LinkedIn. Your inquiry will be kept completely confidential, and we are here to help you navigate these challenges.