Lawyers love their cocktail chatter. And at a recent bar event, an interesting hypothetical came up among lawyers: Suppose an employee is trying to get pregnant and is thinking about infertility treatments. She’s considering time off for rest, and perhaps even for some in vitro fertilization (IVF) appointments. Perhaps even the doctor has said that the employee needs “light duty” work during certain days. Maybe things are a little more hazy; suppose the employee just says that they are undergoing infertility treatment and needs some time off. Is the employer obligated to provide such an accommodation? The answers aren’t entirely clear. Let’s go through some of the laws that may be implicated: FMLA – As Jeff Nowak discussed in a 2015 post on the subject in his excellent FMLA Insights blog, the FMLA regulations do not “specifically address” IVF and thus it’s an open question whether the FMLA would apply. One court tha...
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