Anyone know if infertility is covered under family medical leave act?


#1

I just got through with my first ivf cycle and it was negative. We have 10 frozen embryos and are looking to do a FET but where I go to see my RE is 2 hours away from where I live and work and as you know you have to go down on certain days and don’t always know ahead of time. So, every time I go down it counts against me in occurences, and you can only have so many occurences without getting terminated.

Unbeleivable the stress you go through during the whole process, the let down of not being pregnant and then ahve to worry about this.

I was wondering if anyone knew if infertility was covered under fmla so i could do intermittent leave which would work out great.

Thanks for all your help and support throughout this journey.


#2

I’m no expert, just have done some reading on the topic…It seems to vary a bit…It might depend on your employer for this…Infertility itself is considered a medical condition, but taking time off for IVF, since its not life threatening, may be up to your employer…I would talk to your HR office confidentially or check your employee handbook/benefits guide…That should have your policy listed…

Sorry I can’t be more help!

[QUOTE=boxerlvr82]I just got through with my first ivf cycle and it was negative. We have 10 frozen embryos and are looking to do a FET but where I go to see my RE is 2 hours away from where I live and work and as you know you have to go down on certain days and don’t always know ahead of time. So, every time I go down it counts against me in occurences, and you can only have so many occurences without getting terminated.

Unbeleivable the stress you go through during the whole process, the let down of not being pregnant and then ahve to worry about this.

I was wondering if anyone knew if infertility was covered under fmla so i could do intermittent leave which would work out great.

Thanks for all your help and support throughout this journey.[/QUOTE]


#3

My employer encouraged me to file for FMLA as infertility treatment is just like treatment for any other medical condition in terms of needing leave without being penalized. Definitely o for it or at least check it out.


#4

My employer said that it would count and my dr said he would fill out whatever paperwork I needed to verify the appointments and need to be out of work for them. Good luck!


#5

Well I have all the paperwork and will have the dr fill our whatever part they need so I guess we will see if it gets approved or denied her in the next couple of weeks. I thought I was reading a post somewhere on here, but can’t find it now where infertility is now covered under the ada ?


#6

yes it does–i use it now for the time I need off for my appointments. my employer requries all vacation time to be scheduled and these appts are not scheduled so i must use fmla time. it has worked out welll. u just have to have your provider fill out the forms. the provider cannot refuse to fill them out (they may charge you-most dont bc they would want your business) but once filled out they send to your fmla department of your employer.


#7

Thanks for the info . It is federal not state by state right?


#8

I believe so yes it is a federal law–there are a few companies who do not have to participate and I think it is based on company size, like 25 or less but I am not 100% sure that I am remembering that correctly, I would check it out!


#9

FMLA is a federal law and infertility is covered. Just some food for thought. Remember you only get 12 unpaid weeks a year with FMLA and so if you use it to do infertility it will deduct the amount you would have left for maternity leave if you do in fact end up preggers. Also something I found out the hard way that if you and your spouse work for the same company and take FMLA off for the same thing ie fertility treatments or maternity you do not each get 12 weeks, but they deduct from the 12 weeks what each of you take off.

Another words I did FMLA during my pregnancy because of how sick I became and for doctors appts because my doctor was over an hour away, so when it came time to take off for maternity leave they told me I only had x number of days left and if my husband who worked for the same company took off time he it would give me less time. Lucky for me I was covered under state maternity laws and was able to take up to 8 weeks off under my states laws.

These are just some food for thought info. But yes infertility is covered and I would recommend using it. My HR did tell me that they did the year thing with the calander year, so if I had given birth in January that would have started the 12 week count over, but the law does not designate how companies determine the 12 month period, so definitely check with your HR. Also, the company I worked for was a very large company and what the local HR person told me about the calander year and it resetting was wrong.


#10

I live in California and was able to use state paid disability in conjunction with FMLA during my IVF#2 process. And yes, you should consider that you only get 12 weeks of FMLA rolling. So, should you become pregnant, the time you took during IVF treatments will be subtracted against whatever time you took for FMLA during the last 12 months. Taking FMLA was a Godsend when I was having treatments and I’ll do it again if needed.


#11

Hi-Question for you all on this then, doesnt the time you used recalculate after a year. I think I have total of 480 hours to use, I have used 396. But after 1 year doesnt it go back to 480 total? I will find out for sure from my HR department but thought maybe someone might know in the meantime as well.

Thanks!


#12

[quote=jdfan14]Hi-Question for you all on this then, doesnt the time you used recalculate after a year. I think I have total of 480 hours to use, I have used 396. But after 1 year doesnt it go back to 480 total? I will find out for sure from my HR department but thought maybe someone might know in the meantime as well.

Thanks![/quote]

Hi! I work in HR and deal with the FMLA all the time. It depends what method your employer uses to calculate the year, but if they use a rolling calendar year then the time that you used will roll off after a year. For example, if you use FMLA leave on 01/10/11, that time would roll off on 01/10/12 and so on.


#13

Mine started June 12, 2011 so it should roll over for me on June 12, 2012 then right?? Thanks.


#14

Yes, the time you used would start rolling off on June 12.


#15

Thank you!