Support staff facing fertility challenges

Employers and line managers should understand key legal and best practice points regarding fertility treatment to support employees effectively and fairly.

Legal protections and employer responsibilities

• It is illegal to discriminate against a woman because she is undergoing fertility treatment or plans to become pregnant. Treating her less favourably due to this is sex discrimination.
• Fertility treatment medication may cause side effects such as hot flushes, nausea, and headaches. Employers have a legal duty under health and safety law to ensure workplace conditions do not worsen any medical symptoms employees experience from fertility treatments.
• Fertility treatments like IVF (in vitro fertilisation) typically last 3 to 6 weeks and require multiple fertility clinic visits, so you should consider treating IVF appointments the same as any other medical appointment.
• There is no legal entitlement for employees to receive paid or unpaid time off for fertility treatment. However, it is considered best practice for employers to consider such requests sympathetically and to have clear workplace policies in place. For further guidance, see develop a workplace fertility policy.
• If no fertility-specific paid leave is available, employees might need to use annual leave, sick leave, or unpaid leave for treatment appointments.

Workplace conduct and flexibility

• Employers should address inappropriate jokes or remarks related to infertility issues promptly to maintain a respectful workplace environment.
• Fertility treatment schedules can change unexpectedly, so employers should be flexible to any appointment changes.

IVF treatment, pregnancy rights, and sickness absence

Pregnancy rights begin after embryo transfer in IVF, when a fertilised egg is implanted. Employers must treat sickness related to pregnancy or IVF during the protected period separately from other sickness absences to avoid penalising employees.

Pregnancy-related absences should never be grounds for disciplinary action, dismissal, or redundancy.

Fertility treatments are not always successful, and it can be difficult for an employee to find out that they are not pregnant. However, an employee is still protected by law against pregnancy discrimination for two weeks after finding out an embryo transfer was unsuccessful.

This practice allows employees to focus on their health and recovery without the added stress of worrying about potential negative consequences at work.

Provide training for line managers on infertility in the workplace

Providing line managers with training on fertility treatments, symptoms, and workplace challenges helps them understand the emotional, physical, and financial impact on employees. Well-informed managers can address these challenges sensitively and confidentially, creating a more supportive work environment.

By following these key points, employers can meet their legal obligations and adopt best practices to help employees facing fertility challenges with respect and care.

Infertility can be a sensitive and private matter for many employees, and some employers or managers may feel unsure about how to address it. This uncertainty can prevent employees from seeking the support they need. Employers should foster an open and inclusive workplace culture where employees feel safe to discuss fertility challenges without stigma or concern.

Support your employees facing fertility challenges and treatment

Providing effective support for wellbeing issues, including fertility challenges, can help individuals retain their employment and perform effectively in their roles. Steps to achieve this may include:

Get senior management buy-in

Having leadership support can help promote positive attitudes and increase awareness of fertility-related issues.

Align fertility policies with other workplace policies

Ensure fertility-related policies are consistent with existing policies on equal opportunities, health and wellbeing, sick leave, performance management, data protection, and flexible working. See develop a workplace fertility policy.

Involve staff with experience of fertility challenges

Consider engaging employees who have experience with fertility challenges to help inform workplace policies and raise awareness, ensuring others can access relevant support.

Offer training and education on fertility issues

Provide training sessions or webinars, either internally or with external experts, to improve understanding and encourage a supportive workplace culture. You can help break the taboo around fertility by providing education and awareness campaigns to all staff.

Train managers and relevant staff to support employees empathically and raise awareness of the physical, emotional, and financial impacts of fertility treatment.

Have regular one-to-one meetings

Schedule regular, informal one-on-one check-ins where employees can openly discuss health changes and explore tailored support to help them perform at their best.

Health, safety, and wellbeing of your staff

Ensure suitable rest breaks between shifts. Make reasonable adjustments to support the physical and psychological symptoms employees may experience during fertility treatment.

Provide access to facilities such as clean toilets, washrooms, and changing facilities. Staff should also have access to fresh drinking water and facilities for hot drinks.

Occupational health services

Offer occupational health referrals and support when relevant. You could also introduce practical wellbeing support, such as quiet rooms for breaks, employee assistance programmes including counselling, or mental health services focused on fertility challenges.

Appoint a fertility advocate

Assign a staff member to act as a point of contact for advice, support, or referrals to specialist organisations.

Provide multiple channels for fertility support

Recognise that not all employees may feel comfortable discussing infertility with their manager. Offer alternative support options through human resources, workplace champions, employee representatives, or trade unions.

Create a staff fertility support network

Establish a network where employees can share experiences and offer peer support on fertility challenges in a confidential setting.

Recognise fertility awareness campaigns

Participate in relevant events, such as National Fertility Awareness Week, to promote awareness of fertility issues.

Manage absence and performance with compassion

Recognise that women undergoing treatment may experience difficult symptoms that could affect their work, but avoid assuming fertility treatment will negatively impact an employee’s performance. Each individual's experience with fertility challenges will be different.

Focus performance management on positive support tailored to individual needs, including health considerations. Use a flexible and individualised approach to absence management to prevent presenteeism and avoid unfair penalties. Be mindful that absence trigger points may cause concern for employees undergoing fertility treatment.

By following these recommendations, you can build an understanding and supportive environment for employees experiencing fertility challenges in the workplace. This will help retain staff, reduce stress, boost productivity, and create a more compassionate workplace for those undergoing fertility treatments or coping with infertility. It will also position you as a compassionate and family-friendly employer.

Fertility investigations and treatments often require time off work and other workplace adjustments. It is important for employees to feel comfortable disclosing their situation to their line manager for support.

Develop a workplace fertility policy

You should develop a dedicated fertility policy, separate from maternity or parental leave policies, that outlines support measures, paid leave for fertility treatments, and a clear process for requesting time off. Ensure the policy is inclusive for all genders, sexual orientations, and family structures. Your workplace fertility policy should:

Define fertility treatments covered

Clearly define terms so employees understand which treatments the policy addresses.

Explain the fertility support available

Outline any support available. This could include assistance with emotional, physical, and financial aspects. The policy should communicate the employer's commitment to a supportive environment.

Outline procedures for requesting leave and support

Include details on special leave, sick leave, and compassionate leave for medical appointments and treatment-related recovery. Specify reporting structures and any paid leave entitlements.

Include flexible working arrangements

Outline flexible working arrangements, such as adjusted hours, hybrid work, or reduced workloads, to accommodate medical appointments and treatment side effects.

Protect employee confidentiality

Outline how the policy will help ensure the confidentiality of employees’ fertility-related information, thereby building trust and encouraging open communication.

Provide signposts to support services

Signpost and connect employees to internal and external resources, such as specialist fertility support organisations, peer groups, and professional services that help with financial hardship related to fertility treatment.

Be easily accessible

Make the fertility policy accessible and visible as a separate document, rather than burying it within maternity or other policies, so employees can easily find it when needed. Incorporate related policies such as maternity, paternity, adoption, surrogacy, miscarriage, and LGBTQ+ policies for consistency and comprehensive coverage. Regularly communicate the fertility policy and encourage feedback from employees to ensure it remains relevant and effective.

Monitor and review workplace policies

Regularly evaluate fertility-related policies and management guidance to ensure they are effective, align with other workplace policies, and are clearly communicated to managers and staff.