Time off for fertility treatment

There is no legal right to paid time off for fertility treatment. For IVF, Acas says an employer should treat appointments in the same way as any other medical appointment and any related sickness in the same way as other sickness. Whether you are paid, make the time up or take leave depends on your contract and your employer’s own policy. Pregnancy rights start at the embryo transfer stage.

How the law treats fertility appointments

Acas says employers have no legal duty to pay for time off for IVF appointments. That is different from antenatal care. Once you are pregnant, an employee has the right to reasonable paid time off for antenatal appointments from the first day of the job, and the employer cannot require you to make the time up. Fertility treatment comes before that stage, so those rules do not apply to the appointments themselves.

What Acas expects is equal treatment. An employer that normally allows flexibility for hospital appointments should apply the same approach to yours.

What Acas expects employers to do

Acas points out that IVF can be hard emotionally and physically, and that a full cycle takes around 3 to 6 weeks. You may need more than one cycle. It suggests employers be understanding and supportive. In practice that means:

• treating IVF appointments like other medical appointments
• handling related sickness under the normal sickness policy
• being open to requests for flexible working, such as changing start times
• being open to requests for paid time off, unpaid time off or holiday

Employers do not have to agree to all of these. Asking for flexibility is still reasonable, and you can make a flexible working request if you want a formal route. Some public sector employers go further in their own policies, so look for terms such as “special leave”, “fertility” or “IVF” in your employer’s HR policies.

Public sector policies vary

There is no national NHS, schools or Civil Service rule for fertility treatment leave that this guide can confirm. Employers set their own. The Green Book, the national agreement for most council and school support staff in England and Wales, recommends reasonable time off for fertility treatment, but it is advice that councils can adopt in full, in part or not at all, as the Green Book special leave guide explains. Your council’s own policy is the one that applies.

If you work for an NHS trust, a school or an academy trust, ask HR or your union rep whether a special leave or fertility policy exists. If one exists, ask how time off is counted for part-time or shift staff.

When pregnancy protection starts

If you become pregnant through IVF, you have the same rights as any other pregnant worker. Acas says that at the embryo transfer stage you have the same rights as a pregnant worker, and you do not have to tell your employer at that point. If your employer knows you might be pregnant, you are protected against discrimination. The pregnancy rights guide covers health and safety, time off and dismissal protection.

If the transfer is unsuccessful, you are still protected against pregnancy discrimination for 2 weeks after you find out. An employer might also agree to flexible working so you can recover. If you think you have been treated unfairly because of treatment or a failed cycle, the discrimination guide explains the routes open to you.

Practical steps

Find out what your employer’s policy says before the first appointment. Book appointments with as much notice as you can, because that makes it easier for a manager to say yes. You can ask for a conversation in private and decide how much to say. Keep any agreement about time off, pay or make-up hours in writing, such as an email from your manager.

For advice on your own circumstances, ring the Acas helpline, or talk to your trade union, which may know of local agreements. NHS information on treatment itself is on the NHS website.