Your Right to FMLA Leave for Clinical Trials: Employers Must Follow the Law

The Department of Labor (DOL) recently clarified an important point about employee rights under the Family and Medical Leave Act (FMLA): time off to participate in clinical trials for a serious health condition is protected by federal law. If your employer denies this leave, they are violating the law.

This clarification, issued in Opinion Letter FMLA2024-01-A (dated November 28, 2024), confirms that employees are entitled to FMLA leave when participating in clinical trials, provided the trials are part of the treatment for a serious health condition.

What Is the FMLA?

The FMLA (29 U.S.C. § 2601 et seq.) provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave within a 12-month period for:

1. Their own serious health condition.

2. Care of a family member with a serious health condition.

3. Other qualifying circumstances, such as the birth or adoption of a child.

A serious health condition is defined as an illness, injury, or condition requiring inpatient care or continuing treatment by a healthcare provider (29 U.S.C. § 2611(11)).

DOL’s Clarification on Clinical Trials

In Opinion Letter FMLA2024-01-A, the DOL confirmed that clinical trials fall under the category of ongoing treatment if:

• A healthcare provider determines the trial is medically necessary, and

• The clinical trial addresses or treats a serious health condition.

For example:

• If you are enrolled in a clinical trial for cancer treatment or a chronic disease, your FMLA leave protects your time away from work to attend appointments, treatments, and follow-up evaluations.

Employers cannot deny leave simply because the clinical trial is experimental or involves non-traditional methods of care.

Common Employer Violations of the FMLA

Unfortunately, employers often misinterpret or ignore the FMLA, leading to violations such as:

• Refusing leave for clinical trial participation recommended by a doctor.

• Pressuring employees to work while on leave.

• Retaliating against employees who request or use FMLA leave, such as demotions, pay cuts, or termination.

Your Legal Rights Under the FMLA

It is illegal for your employer to interfere with or deny your FMLA rights under 29 U.S.C. § 2615(a). If your employer violates the law, you may be entitled to:

• Lost wages (back pay).

• Reinstatement to your previous position.

• Damages for emotional distress or retaliation.

Fight Back: We’re Here to Help

At WorkRight Law, we are dedicated to protecting employees like you from FMLA violations. With nearly 20 years of experience fighting for workers’ rights, we have the knowledge and resources to hold employers accountable.

If your employer denied your right to take FMLA leave for participation in a clinical trial or retaliated against you, contact us today. We’ll stand by your side and fight for the justice you deserve.

Contact WorkRight Law today. Your health comes first. Let us protect your job while you focus on getting better.