IVF in the Workplace: How a Clear Fertility Policy Can Support Staff Effectively
- 1 day ago
- 6 min read
A 2025 survey by the Chartered Management Institute found that only 19% of organisations have a policy to support employees undergoing fertility treatment, and research by the Fawcett Society found that 1 in 5 workers leave their job as a direct result of poor employer support during treatment.
Fertility challenges are deeply personal and can have a lasting impact on an individual’s physical and emotional wellbeing. In the UK, the use of assisted conception methods such as in vitro fertilisation (IVF) continues to rise with nearly 70,000 IVF treatment cycles performed annually across the UK. IVF treatment itself can be demanding, emotionally, physically and financially, and often requires time away from work for medical appointments, procedures and recovery.
Continuing as normal with everyday responsibilities while undergoing fertility treatment can be difficult. With fertility challenges affecting approximately 1 in 6 couples, employers should therefore consider having clear Fertility Journey policies in place that cover practical matters such as time off for treatment and any related sickness absence to prevent ad-hoc decision-making, reduce risk and ensure everyone is treated fairly.
When do pregnancy and maternity rights apply during IVF?
An employee undergoing IVF gains pregnancy and maternity protections under the Equality Act 2010 after the embryo transfer stage, even if pregnancy has not yet been confirmed.
These protections apply:
If the transfer is successful: throughout the pregnancy and maternity leave in the same way as any other pregnancy;
If the transfer is unsuccessful: for two weeks after the employee learns the transfer has been unsuccessful. During this time, any sickness absence must be recorded as pregnancy-related and excluded from normal absence triggers.
As IVF treatment often involves multiple cycles, these pregnancy‑related rights may apply intermittently over time, depending on the stage of treatment.
Do employers have to give time off for IVF?
While there is no legal right for time off for IVF treatment, many employers are increasingly offering a reasonable period of paid time off under their workplace policies, as a means of supporting staff undergoing IVF treatment.
It may also be appropriate to consider agreeing with the employee that they can work flexibly on the days they are undergoing treatment. However, informal arrangements with employees on an individual basis can be risky, so we advise adopting a formal procedure that ensures consistency in treatment for all staff undergoing IVF.
If the pregnancy is successful, the same rights to paid time off for ante-natal appointments and for pregnancy related sickness absence apply as with non-IVF pregnancies.
What support can employers offer for those undergoing IVF and fertility treatment?
Most importantly, employees feel should feel that they are able to approach their manager and that managers are open to being approached at an early stage. They should also feel confident that all conversations will be handled sensitively and confidentially, and that they will not be disadvantaged for requesting support related to fertility treatment.
Providing access to an Employee Assistance Programme can also demonstrate an employer’s commitment to ensuring that employees feel supported. Employee Assistance Programmes can provide employees with access to expert, confidential advice, practical support and compassionate guidance 24/7, 365 days a year.
To further manage risk, raise awareness and educate managers about fertility treatment and the law, employers should:
Consider including fertility challenges (in a sensitive and appropriate way) in workplace wellbeing strategies.
Create an open, inclusive and supportive culture to break down stigma and let employees know they will be supported.
Adopt policies and procedures that will serve as a clear framework for staff and managers.
Manage absence and leave compassionately and sympathetically.
Educate managers so they have the confidence to manage these sensitive situations empathetically.
What are the risks of not having a clear approach to support?
Treating an employee unfavourably or less favourably because of IVF treatment, or failing to offer the necessary support and understanding, can result in a breakdown of workplace relationships, workplace disputes and formal grievances, all of which could cost your organisation time and resources, and expose it to legal risk.
It can also risk legal claims, including but not limited to:
Constructive unfair dismissal
Failing to meet your legal duties or to support an employee during IVF treatment can breach the implied term of mutual trust and confidence in the employment relationship. If the employee resigns because of this, they may be able to claim constructive unfair dismissal.
Sex or Age Discrimination
Unfavourable treatment of employees undergoing IVF may constitute sex discrimination. For example, dismissing someone or denying a request for time off for fertility treatment may amount to sex discrimination under the Equality Act 2010.
There may also be an argument of age discrimination, as female employees undergoing IVF typically fall within a specific age bracket.
Pregnancy and maternity discrimination
Unfavourable treatment because of pregnancy and maternity, or because of a pregnancy related illness, can amount to pregnancy and maternity discrimination. Pregnancy and maternity discrimination are simpler to prove because employees don’t need to compare their treatment with anyone else, which makes meeting the burden of proof easier.
Disability Discrimination
In some cases, infertility may qualify as a disability under the Equality Act 2010 if it has a substantial and long-term adverse effect on daily activities.
The physical and emotional effects of IVF can lead to conditions such as stress, depression, anxiety or other complications that may meet the definition of a disability. If so, the employee is protected from discrimination, and employers must consider reasonable adjustments.
Marriage and civil partnership or sexual orientation discrimination
Depending on the circumstances of the case, other forms of discrimination could also arise such as discrimination because of marriage and civil partnership, or because of sexual harassment.
Conclusion
Employers are increasingly introducing policies, either as standalone guidance or as part of their pregnancy and maternity policies. Clear Fertility Journey policies, open communication and flexible support help employees manage work during what can be a stressful period of fertility treatment, while also reducing the organisation’s risk of legal claims.
Do you want to implement a Fertility Journey Policy, or an Employee Assistance Programme? Get in touch by emailing clientservices@robinsongracehr.com or calling 01793 311973.
Frequently Asked Questions:
1. Do you have to tell your employer you are having IVF treatment?
No, there is no general legal requirement to tell your employer that you are undergoing IVF or other fertility treatment. However, telling your employer or a trusted manager may make it easier to request time off for IVF appointments, agree flexible working arrangements and access appropriate workplace support.
Employers should handle conversations about fertility treatment sensitively and confidentially. Having a clear fertility treatment or Fertility Journey Policy can help employees understand what support is available and give managers a consistent framework for responding to requests.
Employees who reach the embryo transfer stage should be aware that specific pregnancy protections apply from this point, even before pregnancy has been confirmed. If the IVF treatment is unsuccessful, these protections continue for two weeks after the employee is informed that the treatment has failed.
2. Can you take sick leave for IVF treatment?
Yes. While there is no specific statutory entitlement to sick leave for IVF treatment itself, an employee may need to take sickness absence because of the physical or psychological effects of fertility treatment.
Employers should manage IVF related sickness absence in the same way as other sickness absence, while taking care to consider whether the circumstances require a more supportive or flexible approach. A clear fertility treatment workplace policy can help employers explain how appointments, treatment related sickness absence and recovery time will be managed.
Employers should also consider whether an employee may have a disability protected under the Equality Act 2010 and whether reasonable adjustments are required.
3. What time off can you have for IVF treatment in the UK?
There is currently no statutory right to time off work specifically for IVF treatment or fertility treatment in the UK. This means employees do not automatically have a legal entitlement to paid time off for IVF appointments.
However, employers should consider requests sympathetically and should treat IVF appointments in the same way as other medical appointments. Depending on their workplace policies, employers may offer paid time off for IVF, unpaid leave, annual leave, flexible working or a specific fertility treatment leave entitlement. Refusing a request without proper consideration could also create a risk of discrimination, depending on the circumstances.
A dedicated Fertility Journey Policy can therefore provide a clear and consistent approach to IVF appointments, fertility treatment, sickness absence and other support, helping both employees and managers understand what is available.
Check out other Blogs in our series:
The content of our blogs is intended for general information and not to replace legal or other professional advice.
IVF in the Workplace: How a Clear Fertility Policy Can Support Staff Effectively
Comments