The US Department of Labor’s Wage and Hour Division has clarified that clinical trial participation for serious health conditions is covered under the Family and Medical Leave Act (FMLA).
The letter states that eligible employees may take FMLA leave to participate in a clinical trial for their own serious health condition, regardless of whether the treatment is experimental or involves placebos.
“The regulatory definition does not contain any requirement that the treatment meet a certain level of efficacy or that it achieves a certain result,” wrote WHD Administrator Jessica Looman in the letter.
The letter states that leave also extends to caring for a family member with a serious health condition and FMLA military caregiver leave to care for a covered service member when the person being cared for is participating in a clinical trial.
For the full opinion letter, click here.
