An employee may use FMLA leave to participate in a clinical trial or research study to treat a serious health condition, according to a new opinion letter from the Labor Department.
An eligible employee has the right to use FMLA leave because of a serious health condition. The Family and Medical Leave Act defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
Opinion Letter FMLA 2024-1-A states that FMLA leave is available to eligible employees that participate in clinical trials, regardless of whether they receive an experimental treatment or a placebo. The treatment does not need to be successful for an employee to receive FMLA leave, according to the opinion letter, which is only the third issued during the Biden Administration.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.