FMLA for Fertility Treatment and Surrogacy

Introduction

Building a family through fertility treatment or surrogacy involves medical procedures and unique circumstances. How does FMLA apply? The answer depends on your specific situation.

Fertility Treatment (IVF, etc.)

### For the Person Undergoing Treatment Fertility treatments may qualify as a serious health condition if they involve: - Continuing treatment by a healthcare provider - Multiple doctor visits - Incapacity related to procedures

**Common qualifying situations:** - Egg retrieval procedures - Embryo transfer - Recovery from procedures - Treatment complications

### Intermittent Leave Fertility treatment often qualifies for intermittent FMLA: - Time off for appointments - Recovery days after procedures - Monitoring visits

**Your certification should specify** frequency and duration of appointments and any needed recovery time.

Surrogacy

### For Intended Parents Bonding leave is available when a child is **placed** with you for adoption or foster care. Traditional surrogacy may qualify similarly.

**For gestational surrogacy**, the law is less clear. Some interpretations: - Intended parents may qualify for bonding leave - The timing begins at birth/placement - 12 weeks of leave applies

**Check state laws and employer policies** for clarity.

### For Surrogates (Gestational Carriers) A surrogate carrying a pregnancy is entitled to: - Medical leave for pregnancy complications - Recovery from childbirth

**Note:** Bonding leave typically applies to parents, not surrogates carrying for others.

What Certification Should Include

For fertility treatment: - That you're undergoing treatment - Estimated frequency of appointments - Expected duration of each absence - Any complications or extended recovery needs

Privacy Considerations

Certification doesn't need to say "infertility" or "IVF"
You can describe it as "medical treatment"
Specific procedures don't need to be disclosed

Combining Leave Types

Fertility treatment and surrogacy often involve: 1. **Medical leave** (treatment/recovery) 2. **Bonding leave** (after child arrives)

Both count toward your 12-week FMLA entitlement.

State Law Variations

Some states have more explicit fertility treatment protections: - Illinois: Specific egg/sperm donation leave - Some states include fertility as part of reproductive health coverage

Conclusion

FMLA can protect your job during fertility treatment and surrogacy journeys. Work with your healthcare provider to document the medical necessity of your leave needs.

**Need certification?** Our [Form Finder](/forms) can help you get started.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*