Can employees take time off under the Family and Medical Leave Act for in vitro fertilization treatments? The issue isn’t black and white, or should we say pink and blue, according to Jeff Nowak of Franczek Radelet. He says that the act doesn’t specifically address this situation and the courts haven’t ruled definitively on the issue in most circumstances.
In 2009, the U.S. Court of Appeals for the Sixth Circuit said that an employee who took time off for IVF treatments wasn’t entitled to FMLA leave because she never needed to be absent for more than three days at a time. This made it hard to demonstrate she suffered from a “serious health condition” as required by the act. The court said she didn’t need more than three days’ leave, otherwise known as “continuing treatment by a health care provider.”
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