Are absences related to fertility treatments covered by the FMLA?

Q       We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?

Whether fertility/infertility treatments are covered under the FMLA depends on whether they satisfy a qualifying reason for leave. For example, are the treatments associated with a serious medical condition, do they require inpatient care or continuing treatment, or do they otherwise implicate one of the qualifying reasons for FMLA leave?

To make this determination, you should go through the normal process of seeking FMLA certification from the employee’s physician. In addition, under the Pregnant Workers Fairness Act (PWFA), fertility/infertility treatments are considered conditions related to pregnancy, which you can be obligated to accommodate through changes to the work schedule, telework, temporary reassignment, and/or leave for healthcare appointments.