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

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.