Legal Question in Medical Leave in Delaware

Is Invitro-fertilization covered under FMLA

I've had four invitro-fertilizations during the past two years. I've missed a total of 15 days, and I've only been late for work a few times. I was previously told that time missed from work for IVF cannot be counted against you. My performance has been excellent and is not an issue. Can this be counted against me and can it affect my merit increase and promotion chances? Additionally, if it is covered under FMLA, is there anything in writing that I can show my boss? Thank you


Asked on 11/21/97, 7:55 pm

1 Answer from Attorneys

Luther Sutter Harrill & Sutter

In vitro fertilization

Any complications from the procedure might be, but the actual procedure might be likened to cosmetic surgery, which is not.

I am not licensed in your state. So, I can't advise you on any state claims you may have. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are not legal advice and is for discussion purposes only.

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Answered on 11/24/97, 12:35 am


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