Even before the U.S. Supreme Court overturned Roe v. Wade on June 24, Disney, Netflix and other companies were announcing plans to offer paid leave and travel expenses to employees who travel out-of-state to obtain abortions that have been banned in their states.

Whether it’s about reputation, retention or revenue, these employers have concluded that supporting reproductive rights, like combating racism and protecting the environment, is a stance they can’t afford not to take.

But offering abortion employment benefits carries legal risks for employers that go far beyond the usual threat of consumer boycotts of companies that take a position on a polarizing issue. Thirteen states have trigger laws criminalizing abortion immediately or within 30 days of Roe being struck down, and other states are expected to enact abortion bans soon.

That means companies that offer abortion-related benefits to employees in those states could be accused of aiding and abetting criminal activity. Robert Ellerbrock, a partner at FisherBroyles specializing in benefits law, notes that offering abortion-related benefits means “trying to figure out what’s safest for the employer while trying to help employees out.”

Determining whether an employer’s benefits violate laws in states banning abortion depends on how the benefit plans are structured and funded.

Under the Employee Retirement Income Security Act of 1974 (ERISA), fully insured group health plans, where an employer buys health insurance for...

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