Navigating Fertility Issues in the Workplace

Given that many individuals undergoing fertility treatment are likely to be working, it has become a significant workplace issue. So, what does the law say, and what are an employer's obligations towards those undergoing fertility treatment? 

Here are some key points:

• No Legal Right to Time Off: There is no specific legal right for employees to take time off for fertility treatment or to accompany a partner undergoing treatment.
• Risk of Discrimination Claims: More women than men undergo fertility treatment, so treating employees unfavourably during this period could lead to sex discrimination claims.
• Maintaining Trust and Confidence: Employers must not undermine trust and confidence in the employment relationship. Employees who feel unsupported may resign and claim constructive dismissal, arguing that the employer's attitude breached trust and confidence.
• Pregnancy Rights and Protection: When an embryo is reintroduced to a person's body during IVF, they are considered pregnant. They gain full pregnancy rights and protection against pregnancy-related discrimination from this moment until the pregnancy ends or two weeks after a failed IVF cycle – the 'protected period.'

Instead of focusing solely on legal obligations, employers should concentrate on supporting employees undergoing fertility treatment. A sympathetic and informed approach can prevent claims and foster a positive workplace culture. Here are some steps to consider:

• Raise Awareness: Initiate conversations about fertility issues and encourage openness in the workplace.
• Provide Support: Create policies that support employees undergoing treatment, such as flexible working hours or providing additional leave.
• Foster a Supportive Culture: Ensure employees feel comfortable discussing fertility issues and seeking the support they need.

By fostering a supportive environment and being proactive, employers can help employees navigate fertility treatment while maintaining a positive and productive workplace.