Skip to main content
Home

Main navigation

News & Analysis Policies & Forms Your Library Attorney Network
News & Analysis Policies & Forms Your Library Attorney Network

User account menu

Sign in Get Started
x

You're signed out

Sign in to access subscriber actions.

Are absences related to fertility treatments covered by the FMLA? ‘It depends’

November 2024 employment law letter
Authors: 

John S. Gannon, Skoler, Abbott & Presser, P.C.

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)?

Like so many questions related to the FMLA, the short answer is: “It depends.” For employee absences to be protected by the FMLA, it depends on whether the leave is supported by a timely, complete medical certification issued by a healthcare provider indicating the treatment is for a serious health condition. If the medical certification supports the employee’s serious health condition that requires treatment that causes the employee to miss work, then FMLA leave can be taken for the related absences.

Continue reading your article with a HRLaws membership
  • Sign in
  • Sign up
Upgrade to a subscription now
to get unlimited access to everything on HR Laws.
Start subscription
Any time

Publications

  • Employment Law Letter
  • Employers State Law Alert
  • Federal Employment Law Insider

Your Library Reading List

Reading list 6
Creating List 7
Testing

Let's manage your states

We'll keep you updated on state changes

Manage States
© 2025
BLR®, A DIVISION OF SIMPLIFY COMPLIANCE LLC | ALL RIGHTS RESERVED

Footer - Copyright

  • terms
  • legal
  • privacy