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Blog > IVF and Fertility: A Guide to Rights and Law

IVF and Fertility: A Guide to Rights and Law

As fertility benefits become more widespread in the UK, it’s important for HR professionals to know at least the basics of IVF employment rights. This will protect them from potential legal challenges and make sure they are giving their people what they need to go through treatments like IVF with the minimal amount of stress possible. 

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Written by Apricity Team

Table of Contents

    Whether you have a benefit in place yet or not, every company in the UK should have a well thought out, supportive fertility policy that is informed by these rights. Fertility treatments and their implications are potentially life-changing procedures, so how you treat colleagues who go through them can make a big difference to them personally, and their relationship with you as their employer.

    Legal rights for employees undergoing IVF

    1. Time off for medical appointments: In the UK, employees undergoing IVF have the right to take time off for medical appointments related to the treatment. Although there is no specific statutory right to time off for IVF itself, employers are encouraged to treat these appointments similarly to any other medical appointments, offering flexibility and understanding. MP Nickie Aiken is campaigning to make time off for IVF treatment a legal requirement in the UK and has gathered considerable support.

    2. Sick leave and IVF: If an employee is unwell due to IVF treatment, they are entitled to sick leave under the same conditions as other employees. The Equality and Human Rights Commission advises employers to consider IVF-related sickness as genuine medical leave and to handle it with sensitivity.

    3. Protection from discrimination: The Equality Act 2010 offers protection against discrimination on the grounds of sex and pregnancy/maternity. This means that employees undergoing IVF should not be treated less favourably than other employees. For instance, if an employee is treated unfairly due to IVF-related absences, it could be considered discrimination.

    4. Pregnancy status and rights: According to the European Court of Justice, a woman undergoing IVF treatment is considered pregnant from the point of embryo transfer. This means she is entitled to pregnancy-related protections from this stage, including maternity leave and protection from unfair treatment or dismissal due to her pregnancy.

    Employer responsibilities

    1. Creating a supportive environment: Employers should strive to create a supportive environment for employees undergoing IVF. This includes offering flexible working arrangements, providing information on the company’s policies regarding fertility treatment, and ensuring that managers are trained to handle such situations with sensitivity.

    2. Confidentiality: Employers must respect the privacy of employees undergoing IVF. Any information shared about the treatment should be kept confidential and only disclosed with the employee’s consent.

    3. Avoiding discriminatory practices: Employers should review their policies and practices to ensure they do not inadvertently discriminate against employees undergoing IVF. This includes ensuring that performance reviews, promotions, and other workplace decisions are not negatively influenced by an employee’s IVF treatment.

    Employers can play a crucial role in supporting employees through their IVF journeys by creating a compassionate and accommodating workplace culture that takes into account all of the IVF employment rights above. 

    The most tangible way to do this, of course, is to offer fertility benefits at your company. To find out more about the benefits we offer at Apricity, and about our virtual clinic model, please book a call with us here.

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