How to address fertility issues in workplace

Infertility is a rising problem in the United States, according to the U.S. Centers for Disease Control and Prevention (CDC). With many employees undergoing fertility treatments, there are concerns it will affect their jobs and make it difficult for them to take time off from work. One big question is, “Am I protected if I take time off from work?”

May employees take unpaid leave for fertility treatments?

When employees think of starting a family, the Family and Medical Leave Act (FMLA) may immediately come to mind. Employers may assume FMLA leave can be used only for giving birth and adopting a child. In certain situations, however, the leave could be used for fertility treatments.

The main issue to consider is whether infertility is considered a “serious health condition” entitling an employee to take leave under the FMLA. The answer is fact-dependent and varies from case to case. It’s possible the more invasive and time-consuming fertility treatments that require more time away from work, such as in vitro fertilization (IVF), may meet the requirements. To take leave for infertility treatments under the FMLA, it’s essential the treatment the employee receives is for a serious medical condition, even if the surgery’s main purpose is to enable her to become pregnant.