Q23. An employee with difficulty getting pregnant is going to have fertility treatments. Can she invoke FMLA for these treatments?
A23. Inability to get pregnant is not a serious health condition. Therefore, the employee cannot invoke FMLA for the purpose of receiving fertility treatments. However, FMLA may be invoked if complications from receiving the treatments result in a serious health condition. (5 CFR 630.1203(a)(3))
UUMMMMM - I beg to differ. Any condition that requires the amount of blood draws, therapy, needle pokes, surgeries, doctor's visits and procedures is most certainly a serious health condition. Wondering how we work to change these laws!?!?!?
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