'Technically, I'm not sick': Can I take paid sick leave for my egg-retrieval fertility treatment?

By Aditi Shrikant

'I'm a hard worker who pretty much never takes sick days'

"It's a very short procedure, but the doctor has said that I'll need to take the day off due to the effects of the anesthesia."

Dear Dollar Signs,

I'm in my 30s, living in New York City, and in the process of freezing my eggs. My egg retrieval is scheduled for shortly. I'm not sure how to handle it at work. It's a very short procedure, but my doctor has said that I'll need to take the day off because of the effects of the anesthesia.

Does this count as a sick day, or would I need to use a personal day? I want to do the right thing ethically. Technically, I'm not "sick," but I will be medically unable to work that day. At the same time, I know this is an elective procedure and not medically essential.

It is, however, something that could benefit me in the long term. I'm a hard worker who rarely takes sick days, and I regularly put in extra time on other days. But before I request the time off, I want to make sure I'm doing what's allowed and what's morally right.

Nine-to-Fiver

If you're just starting out on your money or career journey and have questions about how to navigate your finances, we want to hear from you. Write to Dollar Signs, MarketWatch's new advice column, at dollarsigns@marketwatch.com.

Dear Nine-to-Fiver,

You can absolutely take a sick day for your egg retrieval in New York.

According to New York City's Protected Time Off Law, you can take sick days for doctor's appointments and procedures.

"Employees may take protected time off for appointments for preventive medical care and for medical treatment or diagnosis of a health condition. This includes screenings, checkups, and patient counseling to prevent illnesses, disease or other health problems," the city law reads.

And in New York state, employees can take paid sick leave for treatment and care, according to the state's sick-leave policy. Sick leave may be used "for diagnosis, care, or treatment of a mental or physical illness, injury or health condition," it says.

Additionally, just because something is "elective" and "not medically essential," as you write, doesn't mean it isn't related to your health.

Women going through egg retrieval "deserve the same grace we'd extend to anyone recovering from surgery," says Lauren Makler, the CEO and founder of the fertility-education platform Cofertility.

"Between the hormone injections, the monitoring appointments and the retrieval itself, it's a lot on the body," she says. "The conversation around whether it's OK to take time off is one worth having, because the more we treat fertility care like the real healthcare it is, the better we support women making these decisions."

Your time belongs to you, not your company

Paid sick leave, however, varies from state to state. The Family and Medical Leave Act (FMLA), a federal regulation, does not necessarily apply to fertility treatments.

But some legal experts say federal law is not entirely clear on this issue. "The FMLA and its regulations make no mention of in vitro fertilization," according to this comment from JJ Keller & Associates, a consulting firm focused on regulatory, safety and compliance issues. "They don't include a comprehensive list of conditions that would meet the definition of a serious health condition and, therefore, qualify for FMLA leave."

As far as your case is concerned, I get the sense that you like rules and prefer operating within their limits. That's not necessarily a bad thing, but it can sometimes lead to being more restrictive than the law or a workplace policy actually requires.

I'm not saying you should take so much time off that you abandon your responsibilities or your team. From your letter, it doesn't sound like you're that kind of employee anyway. But I want you to remember that your time is your own, despite your employment contract. Don't let what your job or the government says about a mentally and physically taxing procedure to determine whether you take sick leave.

After all, the U.S. is one of the few developed nations without federally mandated paid time off. If you were operating entirely within that framework, you might not even be able to take paid leave for a nonelective surgery.

You should take sick leave when you don't feel mentally or physically capable of working. From what I know about egg retrievals, it seems entirely plausible that this will be the case for you.

You can also take sick leave when you're mentally overwhelmed or exhausted or, for example, when you need time for routine dental care.

You are more familiar with your mind and body than anyone else, and you know when you need time to care for them. Don't let a company - or your overwhelming desire to do the right thing - tell you otherwise.

Write to Dollar Signs at dollarsigns@marketwatch.com.

By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms.

-Aditi Shrikant

This content was created by MarketWatch, which is operated by Dow Jones & Co. MarketWatch is published independently from Dow Jones Newswires and The Wall Street Journal.

(END) Dow Jones Newswires

05-11-26 1430ET