Calls for legal right to paid leave for IVF treatment

Natalie Rowntree from North Yorkshire has recently started her IVF journey, and describes the process as “intense”.

The 38-year-old has had seven IVF-related appointments in the space of eight weeks, including multiple blood tests, scans and X-rays, one of which left her in physical discomfort for “a good few days”.

As is the nature of fertility treatment, all of these appointments have to be done at very specific times of the month – and fitting this around her job at a private opticians has proven difficult.

“I’ve just been using sick days and holidays to go through these appointments,” she says.

Added to this is the emotional toll of having to manage the process, with no entitlement to time off.

Two years ago, Natalie had two miscarriages over a six month period and since then has not been able to conceive with her partner.

“The emotion side is quite difficult, and then trying to manage that around work…do I bite the bullet and explain what’s happening? Or keep having sick days and holidays?” she says.

According to research from the social enterprise Fertility Matters at Work, Natalie is one of the around 63% of employees undergoing IVF who are taking sick leave to undergo treatment – with most citing they were doing so to hide their treatment from their employer.

Now there are calls for women undergoing fertility treatments to have the legal right to paid time off to attend their appointments.

Campaigners claim that while some employers offer fertility support, it is unequal and not guaranteed, and should be classed as a medical procedure.

Becoming pregnant through IVF enables the same maternity rights as non-IVF pregnancies, but currently in employment law there are no legal rights when it comes to fertility treatment.

According to new research by Fertility Matters at Work, that comes at a potential cost of millions to the economy and businesses in lost productivity.

Natalie says she has avoided bringing her treatment up with her managers because she is nervous about the reception she might get for taking time off work to go through the process.

“If I was to go to my managers and say I was pregnant, I wouldn’t feel nervous at all about that…but with this, because you don’t know how long it’s going to go on for, you can’t give work a timescale.”

Employment guidance from the Equality and Human Rights Commission advises “good practice” to employers with workers seeking leave for IVF treatment, but it acknowledges that such requests are not covered by the protected characteristic of pregnancy and maternity in law.

However, refusing to grant someone leave for fertility treatment could count as sex discrimination in certain situations – but campaigners say this is hard to prove.

Becky Kearns, from Fertility Matters at Work, co-founded the group with two other women after they all experienced their own difficulties undergoing IVF whilst trying to keep afloat in the workplace.

The 39-year-old says providing time off would be a potential benefit of employers, who could save the economy millions in lost productivity.

“What we’re finding is, because there’s 63% taking sick leave, that is having an impact on businesses, there’s a cost for the disruption of this absence.”

She also thinks employers need to be more aware of the toll IVF – which she considers a “significant life event” – can take on their employees.

“You often have a number of very short notice appointments you have to attend, it’s very dependent on how your body is responding to medication.

“But we also know there’s still a huge amount of stigma that surrounds IVF and infertility.

“We receive messages almost daily from people who are struggling with this experience…people taking sick leave to hide treatment, the fact that they’re then triggered on absence procedures and potentially having their performance monitored.

“And it was all because they were going through fertility treatment and just felt unable to say that was what they were going through.”

She says women have also told them they have left jobs and signed non-disclosure agreements as a result of going through IVF.

The government says that while no specific legal right to time off for IVF treatment exists, it expects employers to treat staff fairly and accommodate reasonable requests.

The government also says it is strengthening flexible working rules which will make it easier for employees to agree arrangements with their workplace for support.

But that isn’t enough reassurance for the Labour MP Alice MacDonald, who will be introducing the issue in Parliament via a ten minute rule bill, which proposes to put into law the legal right to time off for fertility appointments.

Whilst it is unlikely the issue becomes law without official government backing, she is seeking to get it “firmly on the government’s radar”.

“Many people, especially women, are impacted by this when you’re trying to have a baby and through no fault of your own, you need that extra medical support, you don’t have a right to time off to go to those appointments,” she says.

“At a time when you are hoping that it’s going to work, hoping it’s going to be successful, finally be pregnant and have the baby you’ve wanted you’ve got another additional barrier which is with your employer.

“There are many employers who are supportive but you have to hope you’ve got one that understands and who will give you the time off.

“If it was clearly in law what your rights are we think it opens up that conversation and employers would have to have a policy.”

Patrick Milnes from the British Chambers of Commerce says there is a concern amongst businesses about the potential for “over legislation” in anticipation of the Employment Rights Bill in particular, which will seek to ease rules on flexible working.

“Small and medium businesses in particular have been talking to us about how concerned they are about navigating different types of legislative leave,” he says.

“Most employers that we speak to are doing this kind of thing anyway as a matter of good practice.

“If you legislate, those processes can become more complicated it can become more burdensome, and actually in many instances it’s easier to do these things on a case by case, ad hoc basis.

“There’s a middle ground between having nothing at all and having a full legislated process that might be overwhelming in some instances.”

But Natalie says legal rights to time off would make a “huge” difference to her.

“If you didn’t have to think about, ‘what are work going to think about me being off again?’ it would take a lot of the stress away.

“I’m at the beginning stages [of IVF] and I’m thinking about what it’s going to look like work-wise going forward.

“I don’t want this to be a thing forever, for other women that are also going to go through it. I think it’s an important thing that needs to be fixed.”