There is no law that governs the right to time off for fertility treatment, although there is for ante-natal appointments (please see "Antenatal Care" detailed later).

A few employers offer paid leave and some allow discretionary unpaid leave, but in most cases, staff have to take sick leave or holiday.

Your employer should remember that it is important that people undergoing fertility treatment are treated in a comparable manner. As women generally require more time off for fertility treatment than men do they can be more vulnerable to being disciplined for absences to undergo treatment. A women taking time off for treatment could make a claim of indirect sex discrimination if their employer could not justify the operation of their absence rules, and they adversely affected a woman undergoing treatment.

Your manager should be making all decisions regarding your attendance based on fact and not assumptions they may have about fertility treatment. A good manager will ask you exactly what consequences the treatment will have on your attendance and explain why you need to know (ie to plan adequate cover).

It is hoped that in time the law will become clearer on this issue. The Equal Opportunities Commission believes the Sex Discrimination Act 1975 should be amended to cover discrimination on the grounds of pregnancy and maternity, which would include issues only arising in connection with pregnancy, such as IVF treatment and miscarriage.

Some people advise their employer of the situation and the amount of time off that is potentially required.  Other's do not and wish to keep their treatment quiet.  Either way is acceptable it depends on your personal circumstances and your relationships with your manager/human resource department.

We would normally advise a mix of holiday and sickness to cover for time off required in full days, especially if treatments end up not working the first time, because unfortunately they don't always.

Please see, "Signed off sick leave and declaring the reasons" if you wish to keep your treatment private.

---

Share or Bookmark the above article!