The Mailbag.

• Date: 01 December 2022
• Author: Davenport, Anniken

Paid time off, and then 12 weeks of unpaid leave?

QDid I understand correctly that an employer can let an employee take paid time off and then use the 12-week unpaid leave in addition?

AEmployers can require that employees take paid leave concurrently with unpaid FMLA leave if they have paid leave available. A DOL opinion letter suggests that employers may be required to run paid leave concurrently with FMLA. Typically, employers prefer to run FMLA leave concurrently with paid leave so that the employee does not take unpaid leave after using up all paid leave first. See DOL.gov for more information.

Does the FMLA cover travel for IVF/fertility treatments?

QThe town that I'm in doesn't have many fertility clinics. The closest ones are about 45 minutes away. Is travel for IVF/fertility treatments covered by the FMLA? One employee has several appointments coming up, but is that a "serious health condition"? These employees are missing half to full days for these appointments due to travel time. Does the FMLA have any regulations...