Can You Get FMLA for Freezing Your Eggs?

Egg freezing, or oocyte cryopreservation, has become an increasingly popular option for individuals who want to preserve their fertility for future family planning. However, whether the Family and Medical Leave Act (FMLA) covers time off for egg freezing remains unclear. 

While the FMLA provides job-protected leave for serious health conditions, it does not explicitly address elective medical procedures like egg freezing. Still, there are circumstances under which an employee might qualify for FMLA leave. 

What You Need to Know About the FMLA

The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for specific medical and family-related reasons. These include:

• A serious health condition that prevents an employee from performing their job functions.
• Care for a spouse, child, or parent with a serious health condition.
• Pregnancy-related conditions or recovery from childbirth.

FMLA does not typically cover elective procedures, which presents a challenge for those seeking leave for egg freezing.

When Egg Freezing May Qualify for FMLA Leave

While elective egg freezing may not qualify under standard FMLA guidelines, there are scenarios where the procedure could be covered. If egg freezing is medically necessary due to a serious health condition, such as:

• Cancer treatments (e.g., chemotherapy or radiation) – These can impact fertility, and egg freezing may be recommended to preserve reproductive options.
• Autoimmune disorders – Some treatments for autoimmune diseases can affect ovarian function, making fertility preservation necessary.
• Genetic conditions – Individuals with conditions that could lead to premature ovarian failure may freeze eggs to protect future reproductive choices.

In such cases, employees may be eligible for FMLA leave with proper medical certification from a healthcare provider. The key factor is whether the procedure is deemed medically necessary rather than elective.

Employer Policies and Workplace Leave Options

Employees should review their employer’s leave policies because FMLA may not explicitly cover elective egg freezing. Some companies offer additional benefits that may help, such as:

• Paid medical leave – Some employers provide extended medical leave beyond FMLA, which could cover fertility-related procedures.
• Fertility benefits—Many companies, especially those in tech, finance, and healthcare, offer fertility benefits, such as time off for treatments like egg freezing.
• Short-term disability coverage – Some short-term disability policies may cover medically necessary fertility preservation.
• Paid Time Off (PTO) or sick leave – Employees may be able to use vacation days, sick leave, or personal time to undergo the procedure.

An experienced employment lawyer can review your workplace policies and benefits and help determine whether you have options beyond FMLA for egg freezing.

Steps to Take if You Need Leave for Egg Freezing

If you are considering egg freezing and need time off work, follow these steps:

1. Consult Your Doctor – Obtain medical documentation stating whether the procedure is medically necessary.
2. Review Employer Policies – Check your company’s handbook for leave options, fertility benefits, and disability coverage.
3. Speak with HR – Discuss available leave options and whether FMLA or another policy applies.
4. Plan Ahead. If FMLA is not an option, coordinate with your employer to use PTO, sick leave, or unpaid leave.
5. Know Your Rights – Consult an employment attorney if you face discrimination or retaliation for requesting leave.

Talk to an Employment Lawyer About Your FMLA Rights

While FMLA does not explicitly cover elective egg freezing, employees undergoing the procedure for medical reasons may qualify for leave under certain circumstances. Reviewing employer policies, consulting a doctor, and exploring alternative leave options can help individuals navigate time off for fertility preservation.  If you believe your employer is unlawfully denying leave or retaliating against you, talk to an an employment lawyer about your legal options.