As IVF treatment grows in popularity, we’ve seen that many companies are still navigating (or don’t even have) policies around infertility treatments, pregnancy loss, and other medical treatment/conditions related to conception and pregnancy. The lack of these policies places a huge burden on employees to not only navigate complex laws but to also seek help from their employer, whom may not be very understanding about the situation. Employees may even feel that they are being forced to share their private medical condition in order to take leave.
Until employers develop and improve their policies around infertility treatments, here are some helpful things to know regarding CA employment laws.
Q: Is Infertility a Disability Under State & Federal Law?
A: In CA, the Fair Employment & Housing Act (FEHA) applies to employers with at least 5 employees. This protects workers with permanent and temporary disabilities that impair major life activities. It’s generally acknowledged that conceiving and carrying a child are “major life activities” and that infertility and related conditions are protected under FEHA. This means that your employer cannot discriminate against you based on these conditions. They are also required to reasonably accommodate you (i.e. permitting you a modified work schedule or leave of absence to attend appointments or undergo fertility treatments).
Q: Can I Take Time Off Work for IVF?
A: Yes, if your employer is large enough to be covered by FEHA. Employers covered by these laws are legally required to offer reasonable accommodations permitting you to obtain testing, diagnosis, or treatment for covered conditions. You may also be entitled to leave under the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Under FMLA and CFRA, you are entitled to up to 12 weeks of job-protected leave for your own serious medical conditions, including infertility-related disabilities if you have worked for a covered employer for at least one year and 1,250 hours.
