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The Family Medical Leave Act (FMLA), was established in 1993. This act provides covered workers with the right to take 12 weeks of unpaid leave, every year. It also provides that their employers reinstate them in the same job, or in an equivalent job, when they return to work.

• The FMLA is a federal law and applies throughout the U.S. However, some states have enacted their own family leave legislation that offers more benefits than the federal laws. In such circumstances, it may be more beneficial to seek leave under your state's Family Leave plan, than under the FMLA.
• Under the new FMLA regulations, which goes into effect on June 20, 2000, some employees may be eligible for unemployment compensation under the FMLA after the birth of a child or upon adopting a child. Under these new regulations, several states are voluntarily offering unemployment compensation for individuals who take leave under the FMLA for medical reasons.

There are many restrictions surrounding the FMLA, which are outlined by the U.S. Department of Labor. One requirement is that an employee can only be covered if they work for a company that employs more than 50 people, within a 75-mile radius. In addition, in order for an employee to be eligible to take advantage of the FMLA, they must have been working for their employer for at least 12 months, although those 12 months need not be consecutive. However, an employee must have been employed at 1,250 hours during the previous 12 months before the leave commenced.

In addition to employment restrictions, there are also restrictions as to the reasons that the leave may be taken. Leave may only be taken under the FMLA for such reasons as needing to care for your children, child birth or adoption, caring for an immediate family member who has a serious medical condition, or if you suffer from a serious medical condition that impedes your ability to work.

• In certain circumstances, your employer can have the right to disapprove your application for leave under the FMLA. They may also have the right not to rehire you when your leave is up.
• Be sure that you fully understand all your rights under the FMLA before applying for leave.

In a large degree, using the FMLA to take leave for issues surrounding infertility is a matter of interpretation. One of the provisions of the FMLA is that you can use it if you suffer from a serious medical condition. For the most part, infertility can seldom be viewed as a serious medical condition and is not listed as a serious condition under the Department of Labor's Definition of what is a Serious Health Condition.

• This doesn't necessarily preclude you from using the FMLA for infertility related treatments, because while infertility may not be seen as a serious health condition, the problems causing it may be.

In order to take leave for infertility treatments under the FMLA, it is essential that the treatment you receive is for a serious medical condition. For example, while you may not be able to use the FMLA to take time off to undergo in vitro insemination, because is deemed non-serious, it may be used if you are undergoing a surgical procedure to correct an underlying problem. This applies even if the main purpose of the surgery is to enable you to become pregnant.

• The main requirement for taking advantage of the FMLA, for infertility treatments, is that you must be under the care of a health care provider who certifies that the treatment is medically necessary. The provider must also fill out a Medical Certificate certifying that your condition is 'serious'.

• If your employer does not feel that your reasons for applying for leave through the FMLA are valid, the employer has the right to request that you seek a second opinion, from a doctor of the company's choosing.

If you feel that you have been unfairly denied leave through the FMLA, or if you feel that your rights have been violated, your first step is to discuss the matter with your employer. If you are not satisfied with the response, you can file a complaint with the Secretary of Labor. This can be accomplished through any of the Department of Labor's District Offices.