Some employees are shouldering the emotional and physical toll of infertility as Mother’s Day and Father’s Day approach. Employers have legal obligations to permit time off and certain accommodations for workers undergoing fertility treatments.

• Several federal laws may require businesses to provide reasonable accommodations for employees seeking infertility treatments.
• A growing number of states have passed laws requiring health plans to cover infertility diagnosis and treatments.
• Fertility medications and procedures are not always covered by health insurance.

The Family and Medical Leave Act (FMLA) may apply to fertility treatments if they are needed to address a serious health condition requiring ongoing care from a physician. For example, an egg retrieval, in vitro fertilization, or procedure to treat endometriosis or uterine fibroids could be a serious health condition under the FMLA.

The FMLA entitles workers to twelve weeks of unpaid leave to care for their own serious illness, care for a family member’s serious illness, or bond with a child. Twelve states and Washington, D.C., have paid family and medical leave programs. The amount of leave and wage replacement benefits varies by state.

If a miscarriage or stillbirth happens, an employee may be entitled to take FMLA leave to obtain medical care or recover physically. Some employers allow employees to take bereavement leave after a miscarriage or stillbirth, even when it is not legally required.

Some states have...

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