Family Leave Act and Fertility

The Family Medical Leave Act (FMLA) legislation was implemented in 1993. It allows eligible employees to take time off from work for childcare, family care, and treatment for medical problems. Employees receiving infertility treatment may meet certain eligibility requirements.

Description

• FMLA was created to help employees manage family illness and childcare.

  The FMLA was created to reduce hardships for people with medical problems and in need of childcare. The U.S. Office of Personnel Management outlines its benefits: "Employees are entitled to up to 12 workweeks of unpaid leave during any 12-month period."

Qualifications

• An employee can file for FMLA after the birth of a baby.

  There are mandatory criteria to file for FML. The U.S. Office of Personnel Management defines employee qualifications. They include "the birth of a son or daughter and care of a son and daughter, the placement of a son or daughter for adoption or foster care, the care of a spouse, son, daughter, or parent who has a serious health condition."

Criteria

• A medical condition impacting an employee's ability to work can determine FML eligibility.

  Another criterion is if an employee "has a serious health condition that makes the employee unable to perform the essential functions of his or her position." This criterion is significant for employees needing fertility treatment.

Significance

• When infertility treatment incapacitates an employee for three or more days, FMLA applies.

  The phrase "serious health condition" is key to determining fertility treatment coverage under the FMLA. Human Resource expert Tracey Levy clarifies: "If the infertility treatment causes three or more consecutive days of incapacity, then that period of time, as well as other lateness or absence from work occasioned by infertility treatment, will be covered."

Considerations

• Communication with employers about upcoming infertility treatment is recommended.

  According to Levy, "The employer is entitled to at least 30 days' advance notice (less if the need for leave was unforeseeable) of the intended leave." She recommends that employees meet with employers to discuss planned infertility treatment to ensure appropriate staff coverage.