FMLA leave for menopause-related symptoms

August 24, 2026

States have begun passing a new kind of employment law. Effective January 1, 2027, Illinois employees with menopause-related conditions will have workplace protections under the Illinois Human Rights Act (IHRA). Rhode Island started this trend when it became the first state to enact such a law in 2025.

According to a Society for Human Resource Management (SHRM) survey, the percentage of employers offering menopause support or resources jumped from 18 percent last year to 27 percent this year. Such benefits include menopause-specific paid leave to help employees manage their condition. Menopause costs employers an estimated $1.8 billion in lost work time per year, according to a 2023 Mayo Clinic study.

All this might have employers wondering whether employees may take leave under the federal Family and Medical Leave Act (FMLA) for menopause-related symptoms.

The answer is YES, in some circumstances.

Is menopause an FMLA-qualifying condition?

The FMLA doesn’t have a list of conditions or symptoms that entitle eligible employees to FMLA leave. Employers must consider whether a condition meets the law’s definition of a serious health condition. That information can be gathered when employers ask for a certification supporting leave.

An FMLA serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

Inpatient care generally refers to an overnight stay in a health care facility (like a hospital).

A menopause-related serious health condition involving continuing treatment can include the following:

A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment.
Any period of incapacity (or treatment for) a chronic serious health condition requiring treatment at least twice per year and continuing over an extended period of time. These may cause episodic rather than continuing periods of incapacity.
A period of incapacity for a permanent or long-term condition in which treatment may not be effective.
Any period of absence to receive multiple treatments or a condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of treatment.

Given the wide variety of menopause symptoms and their severity, an employee who’s incapacitated by them would be entitled to take FMLA leave. Menopause isn’t a diagnosis, but a life stage. It could, however, lead to chronic conditions, such as anxiety or depression, hormonal therapy side effects, insomnia, mood swings, and cognitive changes, such as difficulty concentrating or memory lapses.

An employee may also take FMLA leave to care for a family member (such as a spouse) who’s suffering from menopause issues or is seeking medical treatment to curb the symptoms.

Key to remember: Employees aren’t automatically entitled to FMLA leave for menopause but can be if their symptoms are severe.

Publish Date

August 24, 2026

Author

Darlene Clabault

Type

Industry News

Industries

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