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ODonnell
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Member since 9/05 5983 total posts
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Interesting discussion at work regarding Infertility rights under FMLA
I work in the legal dept. of one of the largest US apparel companies and my boss (the GC) is currently discussing with some legal experts the infertility coverage under FMLA and ADA regarding time off for treatments. It seems that the ADA has expanded their coverage lately. I will wait to hear what they determine with interest. 
Message edited 1/5/2010 10:15:04 AM.
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Posted 1/5/10 10:12 AM  |
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nycgirl
Angels!
Member since 3/09 7721 total posts
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Re: Interesting discussion at work regarding Infertility rights under FMLA
WOW. I had no idea I could take time off for treatments. I used vacation.
It could get tricky...hmmm... doesn't FMLA only apply for once per year? I.E. if you take time off for IVF, you can't get your full time off 9 months later with FMLA.
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| Posted 1/5/10 11:24 AM |
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ODonnell
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Member since 9/05 5983 total posts
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by nycgirl
WOW. I had no idea I could take time off for treatments. I used vacation.
It could get tricky...hmmm... doesn't FMLA only apply for once per year? I.E. if you take time off for IVF, you can't get your full time off 9 months later with FMLA.
I had no idea either and carried forward vacation days to cover my upcoming cycle.
I don't think it affects your FMLA leave. From what I have seen in emails going back and forth there is a case that Infertility may be considered a "chronic serious health condition" that involves treatment requiring periodic visits to a health care provider over a period of time and therefore should be classed as a "disability" under the Americans with Disabilities Act (ADA), which in turn requires employers to provide reasonable accommodation to employees.
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| Posted 1/5/10 11:38 AM |
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Re: Interesting discussion at work regarding Infertility rights under FMLA
It still falls under FMLA which basically gives you up to 12 weeks (paid or unpaid) that secures your job for that period of time. It cna be taken all at once or in increments.
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| Posted 1/5/10 11:55 AM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by BaseballWidow
It still falls under FMLA which basically gives you up to 12 weeks (paid or unpaid) that secures your job for that period of time. It cna be taken all at once or in increments.
Correct, so if you use two weeks of FMLA time to deal with Infertility issues and then get pregnant you will only have 10 weeks to use.
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| Posted 1/5/10 1:09 PM |
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by annoyedTTCer
Posted by BaseballWidow
It still falls under FMLA which basically gives you up to 12 weeks (paid or unpaid) that secures your job for that period of time. It cna be taken all at once or in increments.
Correct, so if you use two weeks of FMLA time to deal with Infertility issues and then get pregnant you will only have 10 weeks to use.
Right, and every 12 months you are entitles to 12 weeks again...12 months from the first day you took time under FMLA, not the calendar year.
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| Posted 1/5/10 1:20 PM |
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ODonnell
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Member since 9/05 5983 total posts
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by BaseballWidow
Posted by annoyedTTCer
Posted by BaseballWidow
It still falls under FMLA which basically gives you up to 12 weeks (paid or unpaid) that secures your job for that period of time. It cna be taken all at once or in increments.
Correct, so if you use two weeks of FMLA time to deal with Infertility issues and then get pregnant you will only have 10 weeks to use.
Right, and every 12 months you are entitles to 12 weeks again...12 months from the first day you took time under FMLA, not the calendar year.
Thanks, Ladies. I *think* they are discussing some new developments, but this is good to know. Thanks for clarifying.
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| Posted 1/5/10 2:18 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by ODonnell
Posted by BaseballWidow
Posted by annoyedTTCer
Posted by BaseballWidow
It still falls under FMLA which basically gives you up to 12 weeks (paid or unpaid) that secures your job for that period of time. It cna be taken all at once or in increments.
Correct, so if you use two weeks of FMLA time to deal with Infertility issues and then get pregnant you will only have 10 weeks to use.
Right, and every 12 months you are entitles to 12 weeks again...12 months from the first day you took time under FMLA, not the calendar year.
Thanks, Ladies. I *think* they are discussing some new developments, but this is good to know. Thanks for clarifying.
changes were made last year at Federal level but not sure what those updates were.
Let us know if you learn anything
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| Posted 1/5/10 2:43 PM |
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Re: Interesting discussion at work regarding Infertility rights under FMLA
Posted by ODonnell
Thanks, Ladies. I *think* they are discussing some new developments, but this is good to know. Thanks for clarifying.
That will be very interesting to hear!! I know that infertility is recognized as a disability under the ADA but is kind of kept quiet. Pls keep us posted.
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| Posted 1/5/10 3:27 PM |
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shelby34
Love being a twin mommy!
Member since 5/07 2934 total posts
Name:
Michele
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Re: Interesting discussion at work regarding Infertility rights under FMLA
wow, this is all so interesting! I had no idea infertility was listed under the ADA....thanks for the info!
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| Posted 1/5/10 5:04 PM |
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