FMLA and Fertility treatments

I have an employee whose wife is beginning fertility treatments. I've read conflicting information regarding whether or not FMLA will cover my employee attending his wife's appointments. Does anyone know?

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  • From what I understand, FMLA would not cover your employee unless the recurring infertility treatments are "continuing treatment by a health-care provider following a period of incapacity of three or more consecutive days." Now, if the treatments are surgically more intensive, they would probably qualify as the wife would be hospitalized.

    Everything I have read on this subject basically states that the courts really haven't addressed it and that we're all just floundering. It seems as though the mother has a better chance of FMLA designation than the father does.
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