Employee Infertility
DeidreFR5
230 Posts
One of our manager's is having difficulty becoming pregnant.She and her husband have been 'trying' for a couple years. She started going to a fertility specialist this time last year. After some treatment she conceived but miscarried in April. Since fall she has been going into Boston for shots, tests, bloodwork, etc. In the past month, she has had to go in for blood work weekly, then she might get a call midweek stating she had to go in the next morning. One week she had to go in each morning. She has a one person department and is exempt. She does make up the time, brings work home, etc. We understand she does not have much control over this, but it is becoming harder to work around. This morning she was suppose to be at a meeting but was again having blood work. The meeting went on without her, but it was suppose to be her meeting. We just found out, she didn't conceive this month, so we have to start it all again. By the way, she is long out of sick, personal, etc. time. I don't want to sound unsympathetic, but we couldn't let every one have this flexiblity. And it doesn't fall under FMLA (or I don't think it does). Opinions please.
Comments
I think it is time to have a frank discussion about being at work during scheduled times. Keep the medical situation out of it and insist she work around a more normal schedule.
In the world of HIPPA considerations it is difficult to know when you have too much knowledge about an EEs medical situation. Think of the issues you are causing when the next EE wants the same schedule flexibility you have shown this EE. Next time it may not be a situation with which you sympathise.
While I fully support couples who want to start, or grow, their families, I also cannot in good faith say that special consideration be given to the ones who need additional "help".
Not knowing what your LOA policy is, I would approach the manager (with senior management sanction) and lay the cards on the table. Please mark my words on this, ACT NOW! You may not have an FMLA event yet and it's really irrelevant since she may be under your 10% key staff umbrella anyway, but the lesson I learned is that a defacto policy is just as bad, if not worse, then an actual written one.
Gene
I would not trade my kids for anything. But I could have long ago paid for a Porsche.
My $0.02 worth.
DJ The Balloonman
According to the information I received, infertility treatments may fall under the FMLA, the ADA or the PDA. Under the ADA, a case called Bragdon v Abbott, 524 U.S. 624 (1998), the Supreme Court upheld that reproduction is a major life activity, therefore an impairment (infertility) that substantially limits reproduction would properly be classified as a disabiity. But...there are several other cases in litigation that argue that infertility is not a disability if it can be overcome by corrective measures.
Because of all the ongoing litigation in this area, the legal advice given to prudent employers to grant leave in these type cases.
I think in this case, the employer will have to decide what risk he is willing to take if employee pursues any type of litigation for denial of leave.
[url]http://www.hrhero.com/special.shtml#fmlaleave[/url]
In your case, FMLA could help because her intermittent leave would count towards her 12 weeks.
I like the idea of offering to let her work part-time.
James Sokolowski
HRhero.com
I made that comment earlier and would like to clarify it in light of MWild's remarks about not hiring people who might become pregnant. That's not at all what I meant.
What I did mean is that, given this scenario, with which I have experience in the workplace, once there is conception, the employee will surely as you are sitting there have multiple, sporadic absences, inability to do this and that as instructed by her physician, and a multitude of other things factoring in. None of that is good or bad or right or wrong. The problem it will present the company, however, is a continuing request to accommodate an untenable work schedule. And if you are going to accommodate her untenable work schedule now, you surely must anticipate that you would do the same after conception. That's the only reason I mention it. If she is not available to you while trying to conceive, she will be more than likely not be available to you after she conceives. A choice needs to be made by the company, and, perhaps by the employee.
Your employee has little control over these appointments and scheduling. Much of it is determined by her biological clock, temperature, and a ton of other variations. When it's time-it's time..no way to postpone that. If she misses an appointment, she may be putting off the whole process for another month.
She may have a hard time hearing you at this point. Try to be sensitive to her emotional state. It is so difficult to work so hard for something that comes so easily to many people and that outsiders have a hard time comprehending. This is very hard on her ego-she sounds like a career accomplished woman...how hard can it be to get pregnant?!!!
No doubt she feels badly about being late and all of the appointments. If she working hard to make it up-then you have to see that she trying to keep all the plates spinning...
It's just a really tough choice to make...if you can give her some options. You're right that you can't afford this to every employee...but working her way up the ladder has to have some privledges beyond salary.
I am an HR manager and have gone through these same fertility treatments. After 2 years, my husband and I started seeing a fertility specialist. During this process, you are pretty much at the mercy of your own body and on the time schedule it sets. I went for blood work every other day (or every day), and it had to be before 11am so the results could be back that afternoon. So, as much as I might have wanted to schedule them at the end of the day, that was not an option. When the time was right, we'd have to go in for the procedure and it is timed down to the minute, and during work hours. We didn't have much choice in the matter, and if I would missed an appointment, the whole cycle would have been disrupted. These medications are EXTREMELY expensive and rarely covered by insurance.
When I started these treatments, I went and talked with my boss very openly. It was a little uncomfortable at first because of the subject matter and because he is a man. But, I felt like he needed to know what was going on. LUCKILY, he was very understanding and is of the opinion that family is more important and that there may be a limited amount of time when someone can have children before it becomes increasing difficult.
Also, just because the couple has trouble conceiving, doesn't mean she will have a difficult pregnancy. One doesn't have always have anything to do with the other. I finally became pregnant, and shortly after, started back with my regular doctor. I had no problems at all... no morning sickness, no bed rest, etc. I was at work until the day before my daughter was born, had a scheduled c-section, took 12 weeks maternity leave and was back at work.
Whatever you do, talk with her openly about the subject. But remember, this is an extremely emotional and stressful roller coaster. The company has to decide whether or not it will be flexible for the amount of time it might take for the treatments. I was very nervous to talk with my boss and felt very guilty about needing to take the time off. I'm very fortunate to work for a company who appreciates my work and is willing to work with me.
We have started treatments again, but have been unsuccessful after 3. I'll be starting the process again next year, always keeping my boss in the loop.
Good luck with your decision! and to your employee!!
(Sorry this is so lengthy!!)
One thing that come to my mind immediately, if it would work for the company, is to perhaps address with her the possibility of her going on part time so she wouldn't have to "miss so much time from work" and wouldn't have to deal with the stress of missing the work and trying to keep the appointments. I don't know whether she can afford this or would consider it... but just a suggestion. Might help you know better when she would be at work and when you could depend on her and might help her in releaving some of the stress inovlved in the situaiton.
Just a suggestion.
E Wart
If this is a valued employee I think it is time for you to sit down for a "heart to heart" so she understands that her absences are creating a hardship for the company, and perhaps at least some changes can be made.
As far not being FMLA, it is my understanding that a company can be more generous than what is spelled out in the law, but not less so. I would consider granting intermittent leave for this instance.