Is In-Vitro performed overseas covered under FMLA?

Carol CA

We have an interesting situation where an employee has not been able to conceive naturally and needs to resort to in-vitro. Our insurance only covers a portion of this procedure and she has done research where she claims she can have this procedure done for less money in her home country overseas. She wants to take two months off to fly overseas, perform the in-vitro procedure, wait to see if it takes, and then fly back home. As this is an elective procedure which could be done in the States with minimal time off, I didn't think it would be covered under FMLA. Of course if she does become pregnant, that is a whole different story.

Our existing policy states that we will allow people to take unpaid personal leaves for up to one month (which would run consecutive with and include any vacation time). She wants longer than that. What do you think? Protected or not?

Roberta

Any documentation or certification? Sounds to me like you have an employee who wants to "stretch" the meaning of FMLA. How much time is medically necessary to be off for a procedure like that? Would the "wait and see" time be covered? FMLA is supposed to be coverage for medical necessity, not convenience. If the leave hasn't happened yet, as an employer, you have the right to receive the certification that the time off is medically necessary. Without it, the time off is not protected leave.

In the absence of certification, grant the month off that you would to anyone else, no longer. Otherwise, what is the point of having the policy?