Infertility in the workplace: legal and best practice considerations

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.