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What federal PWFA information may apply to a request for time off for fertility-treatment appointments?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

Short answer

Federal PWFA regulations say that “potential or intended pregnancy” can include infertility and fertility treatment. For a covered entity, the regulations prohibit adverse action against a qualified employee for requesting or using a reasonable accommodation for a known limitation related to pregnancy, childbirth, or related medical conditions; the regulations list paid or unpaid leave for covered health-care appointments or treatment as an example of a possible accommodation. Those rules can be relevant to a request for appointment time connected to fertility treatment, but they do not by themselves decide whether a particular workplace or firing violated the law. [1] [2]

Federal scope

A known limitation is a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or a representative has communicated to the covered entity. A request for an adjustment at work need not use special words or a particular form. A qualified employee generally can perform the job’s essential functions with or without a reasonable accommodation, although the regulation has additional rules for temporary inability to perform essential functions and for leave. [1]

The EEOC’s regulatory Appendix A says that PWFA covered entities include public or private employers with 15 or more employees, unions, employment agencies, and the federal government. That general description does not establish whether a particular workplace is covered, whether the requested change was reasonable without undue hardship, or why an employer acted. It also does not select the state, territorial, tribal, or local law that may apply. [3]

Information that can help with a source-based review

  1. Identify the workplace location, employer type and approximate size, and the position involved.
  2. Keep the wording and dates of the request for appointment time, the information communicated to the workplace, and any response or job-status notice.
  3. Compare the current federal regulation with the law of the place where the work occurred before treating this federal overview as controlling.

This is general federal information, not a decision about a person’s rights or an employer’s liability. The eCFR pages used here were retrieved on October 25, 2026, but displayed Title 29 as current through October 22, 2026; eCFR describes itself as authoritative but unofficial. A qualified human reviewer must resolve that currentness gap and the jurisdiction and application questions before acceptance or release.

Sources

[1] 29 CFR 1636.3 Definitions specific to the PWFA

[2] 29 CFR 1636.4 Nondiscrimination with regard to reasonable accommodations related to pregnancy

[3] 29 CFR Part 1636 PWFA Appendix A interpretive guidance