Legal Question in Medical Leave in Florida

does ivf qualify under fmla?

dear sirs,

my question is infertility / Ivf covered under the famiy medical act? the procedure does require alot of time off from work ,daily monitering by physicians for at least a week-two?


Asked on 6/01/01, 7:31 pm

1 Answer from Attorneys

Re: does ivf qualify under fmla?

It is a bit of a grey area. Fertility problems are a serious medical condition and IVF does require medical supervision. I would hope your employer would grant you FMLA leave. However, if you have having a rough road trying to use FMLA, you may want to ask for an accomodation under the Americans With Disabilities Act. There have been federal courts, although not in Florida, that have ruled employers need to accomodate (give some time off) to an employee undergoing IVF. Good luck.

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Answered on 6/26/01, 10:17 pm


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