Comments on: FMLA & STD-Part 2 http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/ Where HR Professionals Seek Answers Wed, 08 Sep 2010 00:56:44 +0000 http://wordpress.org/?v=2.5 By: Caitlin http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/#comment-23423 Caitlin Sun, 08 Aug 2010 17:01:18 +0000 http://www.humanresourceblog.com/?p=4453#comment-23423 Hi again Bobbi! Thanks for your patience. We checked with our panel of experts, and here is the consensus: Although infertility is a disability under ADA, IVF or In Vitro Fertilization is not necessarily a serious health condition under FMLA. Therefore, the employee might be entitled to unpaid time off under ADA for treatment, but her husband is not entitled to unpaid time off under FMLA because his wife does not have a serious health condition. The FMLA definition of a serious health condition usually includes hospitalization overnight or a period of incapacity (3 days or more) plus contuning treatment. There is usually no 3-day incapacity associated with infertility or IVF. (Pregnancy is always a serious health condition, but treatments to achieve pregnancy are not.) However, the wife might have an underlying serious health condition that would qualify her for FMLA. At any rate, it is not the employers responsiblity to determine if a condition is a serious health condition under FMLA -- the doctor determines that. The best bet would be for the employer to give the husband the FMLA certification forms, and let the doctor complete them. Then based on the doctors answers,the employer can determine if he qualifies for FMLA or not. HTH, and thanks for reading the blogs!~ Caitlin Hi again Bobbi! Thanks for your patience. We checked with our panel of experts, and here is the consensus:

Although infertility is a disability under ADA, IVF or In Vitro Fertilization is not necessarily a serious health condition under FMLA. Therefore, the employee might be entitled to unpaid time off under ADA for treatment, but her husband is not entitled to unpaid time off under FMLA because his wife does not have a serious health condition.

The FMLA definition of a serious health condition usually includes hospitalization overnight or a period of incapacity (3 days or more) plus contuning treatment. There is usually no 3-day incapacity associated with infertility or IVF. (Pregnancy is always a serious health condition, but treatments to achieve pregnancy are not.)

However, the wife might have an underlying serious health condition that would qualify her for FMLA.

At any rate, it is not the employers responsiblity to determine if a condition is a serious health condition under FMLA — the doctor determines that. The best bet would be for the employer to give the husband the FMLA certification forms, and let the doctor complete them. Then based on the doctors answers,the employer can determine if he qualifies for FMLA or not. HTH, and thanks for reading the blogs!~ Caitlin

]]> By: Caitlin http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/#comment-23187 Caitlin Tue, 03 Aug 2010 04:04:31 +0000 http://www.humanresourceblog.com/?p=4453#comment-23187 Hi Bobbi! This is a complex issue. Let me do some research and get back to you on it. HTH, and thanks for reading the blogs!~ Caitlin Hi Bobbi! This is a complex issue. Let me do some research and get back to you on it. HTH, and thanks for reading the blogs!~ Caitlin

]]> By: Bobbi http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/#comment-23176 Bobbi Mon, 02 Aug 2010 22:37:59 +0000 http://www.humanresourceblog.com/?p=4453#comment-23176 Is invitro covered under FMLA for both husband and wife who are employees? Is invitro covered under FMLA for both husband and wife who are employees?

]]> By: Caitlin http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/#comment-16424 Caitlin Fri, 16 Apr 2010 15:05:37 +0000 http://www.humanresourceblog.com/?p=4453#comment-16424 Thanks for reading, Registry!~ Caitlin Thanks for reading, Registry!~ Caitlin

]]> By: Registry Spyware http://www.humanresourceblog.com/2009/04/27/fmla-std-part-2/#comment-16414 Registry Spyware Fri, 16 Apr 2010 08:34:39 +0000 http://www.humanresourceblog.com/?p=4453#comment-16414 Good facts, many appreciation to the writer. It is incomprehensible to me now, although in general, the usefulness as well as connotation is overwhelming. Thanks again and good luck! Good facts, many appreciation to the writer. It is incomprehensible to me now, although in general, the usefulness as well as connotation is overwhelming. Thanks again and good luck!

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