Fertility Awareness Week

1 to 5 November 2021 is National Fertility Awareness Week.

With an estimated 3.5 million people in the UK facing fertility issues in the UK, the chances are that one of your employees may be affected.  Infertility is recognised as a medical condition and is an issue that one in six couples in the UK will face.

Here are some commonly asked questions about infertility and employment rights.

Is there a right to take time off for fertility treatment?

In short, no.  Research has shown that the average number of days taken off work during an IVF treatment cycle was just under nine days and some employees may undergo several cycles. 

Before individuals are even at the stage of being referred for IVF there are likely to have been numerous appointments and tests over a prolonged period.  Once IVF treatment begins, female patients usually have to attend their clinic on a regular basis over a few weeks while undergoing hormone treatment.  These appointments can often be fitted around work, but it is not always possible and clinics may be some distance away from the workplace.  In particular it will not be possible for the female partner to work on the day of egg collection which is carried out under sedation. 

There is a statutory right to paid time off to attend antenatal appointments for pregnant women, and partners have a statutory right to unpaid time off to accompany their partner to antenatal appointments, but no such right pre-conception.   This means that staff are often left with the choice of taking time off sick or booking annual leave to attend these appointments.  

Is there any legal protection for staff undergoing fertility treatment?

Women are protected at the point that the fertilised egg is implanted into the womb as part of IVF treatment.  From this, point pregnancy discrimination protections will apply.  For this reason, it is important that employees inform their employer that this has taken place but for obvious reasons many will be reluctant to disclose this information.  

However employers need to be aware that refusing to allow female staff time off to attend treatments could give rise to a claims for sex discrimination.  Any sick leave taken to recover from treatment should not count towards an employee’s general sickness record, and no negative consequences should arise as a result of time off for fertility treatment.

Do we need a policy on this?

It is becoming increasingly common for employers to have in place a fertility treatment policy, but these are in the minority.  Research shows that one source of stress for staff undergoing treatment is the dilemma as to whether to inform their employer that they are undergoing treatment.   Concerns may include a fear that confidence will be breached and that that career prospects will be adversely affected.  Research by Middlesex University research involving 865 patients showed that 13% of them had reduced their hours as a result of treatment and 6% had left their job. 

Flexibility will be key, options include allowing a certain number of days’ paid time off with the possibility of additional unpaid leave and flexible working.  Whilst some employers are prepared to offer unlimited time off in these circumstances, this will not be an option for all.

To speak to a member of our employment team in complete confidence, please contact 01689 887840 or email laura.claridge@cwj.co.uk