Yahoo Finance What are your rights around fertility treatment at work?
Around one in six people are affected by infertility, but the impact of fertility challenges upon working life often go overlooked.
When you have a demanding job, the difficulties of infertility and fertility treatments can be exacerbated. It can be hard to focus when you’re longing for a child and dealing with difficult emotions like grief, anxiety and stress.
Undergoing fertility treatment can be physically invasive and mentally demanding, yet many worry about disclosing their needs to their employers because they don’t want to be discriminated against.
As a result, many suffer in silence, and more than a third consider quitting.
Now, though, some companies are recognising the needs of their employees who are experiencing infertility and fertility treatment.
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Recently, electrical retailer Currys (CURY.L) announced it would be introducing paid leave for people receiving fertility treatment. Under the new policy, those undergoing IVF treatment and their partners will be able to attend up to six appointments.
The move is part of a landmark raft of measures, which includes support for people going through the menopause and paid leave for employees undergoing gender reassignment and experiencing pregnancy loss.
However, not all employers offer such support, with a recent survey by the Fertility Network finding that only a quarter of 1,300 fertility patients had a supportive workplace policy. So what are your rights regarding fertility treatment as a worker?
What protections do employees have when undergoing IVF?
Some countries have already introduced specific legal protections for people having fertility treatment. In Malta, for example, women having IVF are allowed 60 hours of paid leave — yet no such protections exist for people in the UK.
Fertility treatment often involves frequent medical appointments which may mean employees have to take time off work. However, there is no statutory legal right to time off for fertility treatment.
Pregnant employees have a right to time off for antenatal appointments, but fertility treatment does not usually fall within the scope of antenatal appointments. This is because an employee is only treated as being pregnant when they have had an embryo transfer, which is the last stage of the IVF process. Also, there is no specific right to time off for intrauterine insemination or other types of fertility treatment.
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Employees wanting to take time off at any point in the fertility treatment process may find themselves having to use annual leave or sick leave.
If you become pregnant through IVF, you have all the same pregnancy and maternity rights as non-IVF pregnancies. If IVF is unsuccessful, according to ACAS, employees are protected against pregnancy discrimination for two weeks after finding out an embryo transfer was unsuccessful.
If you are undergoing fertility treatment, you can ask your employer for flexible working so you can attend your appointments. It’s important to check your contract to see if they allow paid time off, unpaid time off, holiday leave or flexible working for fertility treatment.
What is the Fertility Treatment (Employment Rights) Bill?
There have been calls for better work protections and support for people undergoing fertility treatment.
According to a recent survey, nearly half (47%) of patients experienced feelings of depression, while 83% felt sad, frustrated and worried. Over a third (36%) of respondents felt their career was damaged as a result of fertility treatment, and 58% said they felt their career prospects would be undermined.
A Private Member's Bill, the Fertility Treatment (Employment Rights) Bill, aimed at improving workplace protections for those having fertility treatment, is currently making its way through Parliament.
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If brought into law, it would give employees going through fertility treatment — and their partners — the legal right to paid time off to attend appointments. People undergoing treatment would also be protected from discrimination in a similar way to pregnant employees.
Whether the bill becomes law remains to be seen, but advocates say the proposals help bring the issue into the public eye. The second reading of the Bill is scheduled for November 2023.
Gwenda Burns, chief executive of Fertility Network UK, said: “Fertility patients encounter a perfect storm — not being able to have the child you long for is emotionally devastating, but then many fertility patients face a series of other hurdles.
“This includes potentially paying financially crippling amounts of money for their necessary medical treatment, having their career damaged, not getting information from their GP, experiencing their relationships deteriorate, and being unable to access the mental support they need.”
“This is unacceptable. Infertility is a disease and is as deserving of medical help and support as any other clinical condition.”
Watch: One in five women have natural pregnancy after giving birth with fertility treatment
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