
Infertility Support Group
In vitro fertilization is one of the most common and utilized ways of treating conception problems. This support group is dedicated to those beginning their journey with IVF and needing support. Join the community and share your experiences, advice, and story with people going through similar challenges starting a family.

deleted_user
Do infertility treatments qualify for employee protection under the FMLA? If an employee needs to take time off, arrive late for work or refuse to go on business trips because of treatments, must an employer accept that? How much notice is required?
Answer:
Maybe. The FMLA provides leave for an employee's own "serious health condition" that makes the employee unable to perform one or more of the essential functions of his/her job. Under the FMLA regulations, continuing treatment by a health-care provider following a period of incapacity of three or more consecutive days, and any subsequent, related regimen of treatment under the care of a health-care provider, satisfies the definition of a "serious health condition." 29 C.F.R. 825.114 (a).
Thus, if the infertility treatment (and the employee's reaction thereto) causes three or more consecutive days of incapacity, then that period of time, as well as other lateness or absence from work occasioned by continuing infertility treatment, will be covered by the FMLA.
To the extent that infertility treatment falls within this category of covered leave, the employer would be entitled to at least 30 days' advance notice (less if the need for leave was unforeseeable) of the intended leave. To address scheduling conflicts, the employee must also consult with the employer when planning medical treatment and make a reasonable effort to schedule the leave so as not to disrupt unduly the employer's operations, subject to the approval of the health-care provider. 29 CFR 825.302. This would include, for example, scheduling infertility treatment so as not to conflict with business trips or other important meetings or deadlines.
Answer:
Maybe. The FMLA provides leave for an employee's own "serious health condition" that makes the employee unable to perform one or more of the essential functions of his/her job. Under the FMLA regulations, continuing treatment by a health-care provider following a period of incapacity of three or more consecutive days, and any subsequent, related regimen of treatment under the care of a health-care provider, satisfies the definition of a "serious health condition." 29 C.F.R. 825.114 (a).
Thus, if the infertility treatment (and the employee's reaction thereto) causes three or more consecutive days of incapacity, then that period of time, as well as other lateness or absence from work occasioned by continuing infertility treatment, will be covered by the FMLA.
To the extent that infertility treatment falls within this category of covered leave, the employer would be entitled to at least 30 days' advance notice (less if the need for leave was unforeseeable) of the intended leave. To address scheduling conflicts, the employee must also consult with the employer when planning medical treatment and make a reasonable effort to schedule the leave so as not to disrupt unduly the employer's operations, subject to the approval of the health-care provider. 29 CFR 825.302. This would include, for example, scheduling infertility treatment so as not to conflict with business trips or other important meetings or deadlines.

deleted_user
That's interesting...thanks for sharing the info. I was planning on filing the paperwork for FMLA if I do go ahead with my lap/hysteroscopy/tubal perfusion etc., because I plan on taking 3 days off. My surgery (if I go ahead with it) is on Dec. 19th, so I better get that ppwk in soon! Thanks again!

deleted_user
Just an FYI-I am currently on FMLA for Endometriosis. Check with HR to see if your company has insurance for FMLA before you get your paperwork, or as you are getting your paperwork. If they do you could still receive 50-100% of you paycheck. If they do not have insurance, you will be without pay for the duration of your FMLA leave. My company only pays 50%, I did not know that when I had to go on leave(but I really did not have a choice in the matter). Make sure you get ALL of your paperwork in as soon as possible, if your company does have insurance, late paperwork will delay your pay. Late paperwork could also cause you to loose your FLMA status with you company. If you loose your FMLA status then you could loose your job. Just because your company approves you for FMLA leave, it does not mean that the insurance company wil believe that your medical condition is severe enough that they should pay you. The insurance company reviews all of your papwork and then decides if youhave a valid medical reason that warrents receiving pay. Also, I have heard of people getting fired right after they come back from FMLA. It is not right but it happens. If you have any questions, let me know because I have been there and I am doing that. I hope this helps!
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