Fertility Treatment Gains Workplace Law Protection

IVF on the Clock: UK Workers Face Agonising Choice Between Career and Family

Campaigners across the United Kingdom are urgently calling for legal reforms to grant individuals pursuing fertility assistance the right to leave from their jobs for clinic visits. This move follows stark research showing that the considerable mental and physical pressures of the process have led over one-third of individuals to contemplate leaving their jobs. Without statutory protection, many workers find themselves in the precarious position of choosing between their livelihood and their chance to build a family.

At the forefront of this push is the advocacy organization, Fertility Matters At Work. It advocates for reclassifying in vitro fertilisation (IVF) as an essential medical procedure. This change would shift its status away from being considered an optional procedure, a category it currently shares with cosmetic surgery within the official guidance for businesses issued by the Equality and Human Rights Commission (EHRC).

This legal change would fundamentally alter the landscape for employees. It would mean that employers could no longer lawfully turn down applications for leave for these critical appointments. Proponents argue this would also help to dismantle the pervasive negative perceptions and the general absence of assistance that persist in many professional environments, forcing many to suffer in silence.

A Hidden Workplace Emergency

Fertility Matters at Work has released a report, which is based on the findings of a survey involving over 1,000 UK employees with experience of fertility treatment, laying bare the scale of the issue. A staggering 99% of those surveyed viewed the experience as a momentous personal experience that damaged their psychological wellness. The findings also revealed that 87% suffered from bouts of anxiety or depression that were a direct result of the procedures, and a concerning 38% had either left their job or considered doing so.

These statistics paint a grim picture of the current reality for many employees. The pressure to maintain professional standards while navigating a gruelling and unpredictable medical process is immense. The data highlights a hidden crisis within the workforce, where valued and experienced staff are being pushed to a breaking point due to inadequate support systems and inflexible workplace cultures. The findings underscore the urgent need for a structured and legally mandated framework of support.

The Demands of Treatment

In the report, one employee conveyed that undergoing fertility treatment felt just as demanding as holding down a full-time occupation. This reflects the all-encompassing nature of the process, which involves numerous phone calls, frequent appointments, anxiously waiting for results, and administering injections and other medications multiple times per day. The strain on body and mind from this regimen is a constant weight on individuals trying to balance their health with their professional responsibilities.

Another participant admitted to "massively underperforming" at work, a direct consequence of the strain. In a more extreme case, a teacher was compelled to take an extended medical absence for the whole duration of her treatment cycle because her job offered no flexibility. These personal stories illustrate the real-world consequences of a system that fails to accommodate the realities of modern medical treatments for building a family. They reveal a workforce struggling to cope with immense personal challenges without the necessary support.

Career Setbacks and Secrecy

The professional consequences for those pursuing fertility assistance are significant. The survey by Fertility Matters At Work discovered that over two-thirds of the respondents, 68 percent, believed the experience had a harmful influence on their professional development. Additionally, almost a quarter of them, 24 percent, also felt the process limited their opportunities for promotion. This suggests a widespread "fertility penalty" where employees are professionally disadvantaged for pursuing treatment.

A culture of secrecy exacerbates the problem. A majority, at 61 percent, expressed fear about raising the subject at their workplace because of existing stigma and anxiety about negative consequences. This fear is compounded by a lack of formal support, with a comparable number, 63 percent, not knowing if their employer had a dedicated fertility policy. With only 35% feeling their direct supervisor was supportive, it is clear that many employees are navigating this difficult journey alone.

The Legal Grey Area

Currently, UK law offers no statutory right to leave for fertility procedures. This leaves employees to negotiate using annual leave or unpaid time away for these visits. Infertility is not listed as a protected characteristic in the Equality Act 2010, creating a significant gap in protection. Legal protection against pregnancy discrimination only begins after an embryo has been transferred, leaving the preceding, and often most intensive, stages of treatment completely uncovered.

This legal ambiguity is at the heart of the problem. The code of practice from the EHRC merely recommends that employers treat requests "sympathetically," a guideline that lacks legal force. This places the burden entirely on the employee to navigate a system that is not designed to support them. The comparison of fertility care to aesthetic dental work in official guidance is a point of particular frustration for campaigners, who argue it fundamentally misunderstands the nature of needing medical help to conceive.

A Flawed Comparison

The Labour MP for Norwich North, Alice MacDonald, has described the current guidance stemming from the Equality Act as "frankly astonishing". She highlights the absurdity of comparing fertility care to aesthetic dental work, a classification that she says often leads employers to deny leave for essential appointments. MacDonald is a vocal advocate for change, arguing forcefully that people should treat fertility assistance as a legitimate medical need.

She has raised the issue on several occasions within parliament, seeking to close the obvious deficiencies in employment protections and corporate practices. Her efforts reflect a growing political awareness of the issue, spurred by the powerful data and personal stories collected by campaigners. The flawed comparison in the current official guidelines is viewed as a key barrier to progress, misrepresenting the profound and often non-elective nature of seeking fertility assistance.

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The Economic Argument for Support

The lack of workplace support carries a real economic cost. Research shows that nearly one in five people (18%) have left their jobs because of the impact of fertility treatment. With the average cost of replacing an employee estimated at over £30,000, retaining skilled staff is a clear business imperative. Companies that fail to provide adequate support risk losing valuable talent, impacting productivity and incurring significant recruitment costs.

Beyond retention, there is a strong business case for implementing supportive policies. A 2023 survey found that 75% of individuals felt fertility challenges had a negative effect on their productivity at work. By creating a supportive environment, employers can likely maximise attendance and engagement. As awareness grows, especially among younger generations, comprehensive fertility benefits are becoming a key factor in attracting and retaining top talent, making it a matter of competitive advantage.

A Mounting Public Health Issue

Fertility challenges are a growing global concern, now impacting one out of every six individuals of working age around the world. In the UK, the numbers are substantial, with approximately 52,500 patients pursuing IVF during the year 2022 alone. These figures demonstrate that this is not a niche issue but a widespread experience impacting a significant portion of the workforce. The average age of first-time IVF patients is now over 35, highlighting a trend of people starting treatment later in life.

This demographic shift adds another layer of complexity, as fertility success rates tend to decline with age. Delays in accessing treatment, whether due to workplace inflexibility or NHS waiting lists, can have profound consequences. The increasing prevalence of fertility issues, combined with an ageing parental demographic, makes robust workplace support more critical than ever from a public health perspective.

The Physical Realities of an IVF Cycle

A single cycle of in vitro fertilisation is a complex and demanding medical process that can take between two to three weeks, and sometimes longer. It begins with using synthetic hormones to stimulate the ovaries to produce multiple eggs, a departure from the single egg that typically develops each month. This phase requires regular injections and frequent monitoring through ultrasound scans to track follicle development.

Once the eggs are mature, a procedure called transvaginal ultrasound aspiration is performed to retrieve them. This is an invasive day procedure that requires sedation or anaesthesia, followed by a recovery period. The collected eggs are then fertilised with sperm in a laboratory. After several days of development, one or more embryos are transferred back into the uterus, a critical step that marks the beginning of potential pregnancy.

The Emotional Rollercoaster

Alongside the physical demands, the psychological toll of IVF is immense. The entire process is fraught with anxiety, hope, and uncertainty. Patients must navigate a complex schedule of medications and appointments while coping with the hormonal side effects, which can significantly affect mood and wellbeing. The period following an embryo transfer, often called the "two-week wait," is a time of intense psychological stress as patients await the results of a pregnancy test.

A negative result can be devastating, leading to feelings of grief and disappointment that are often processed in isolation. If a cycle fails, individuals and couples must find the psychological and financial resources to decide whether to proceed with another attempt. This emotional rollercoaster helps to explain why 87% of people in the survey by Fertility Matters at Work experienced distress or low moods that were a direct result of their procedures.

The Overlooked Impact on Men

While the physical burden of IVF falls on the person carrying the pregnancy, the mental and practical impact on partners is often overlooked. Male-factor infertility is a component in roughly half of all cases where couples struggle to conceive, yet support systems and workplace conversations frequently neglect the male experience. Men also need to attend crucial appointments and provide support, yet they often face a greater stigma around discussing fertility issues.

Research has shown that a diagnosis of infertility can lead to higher rates of depression and anxiety among men, who may feel pressure to "soldier on" in silence. They often report feeling ignored by healthcare professionals and unsupported in the workplace. Inclusive fertility policies must address the needs of both partners, ensuring that language is gender-neutral and that support, such as flexible working and time off, is available to all employees affected by a fertility journey.

The Personal Becomes a Profession

The campaign for better workplace support is often led by those with personal experience. A co-founder of Fertility Matters At Work, Becky Kearns, channels her own difficult journey into advocacy. Her professional background in HR gave her a unique insight into the systemic lack of understanding surrounding fertility issues in the workplace. She realised that, prior to her personal struggle, she would not have known how to properly support an employee undergoing treatment.

After a diagnosis of premature ovarian insufficiency, Kearns went through a total of five IVF rounds, which included a miscarriage, before having her three daughters through egg donation. This profound personal and professional journey fuelled her passion for change, leading her to co-found an organisation dedicated to transforming workplace support for others. Her story highlights the power of lived experience in driving meaningful policy change.

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A Call for Political Action

Becky Kearns has become a prominent voice in the campaign, describing the absence of support as a professional emergency that is going unnoticed. She argues that with a global decline in fertility rates, it is counterproductive to fail those who are making an active effort to begin families. Her message is a direct call to action for corporate leaders and government policymakers to take action and address this growing issue.

This call has been echoed in the halls of Parliament. In 2022, a private member's bill, the Fertility Treatment (Employment Rights) Bill, was introduced to mandate leave for their clinic visits. Although it did not progress, it signalled a growing political appetite for reform. Campaigners continue to push for legislative change, arguing that voluntary policies are not enough to ensure equitable support for all workers.

A Cross-Party Effort for Change

The push for legislative rights for fertility patients has seen efforts from politicians across the aisle. Conservative MP Nickie Aiken introduced the initial private member's bill in June 2022, aiming to require employers to allow leave for their procedures. Although the bill did not receive a second reading, it placed the issue firmly on the parliamentary agenda and galvanised campaign groups such as Fertility Matters at Work.

More recently, Labour MP Alice MacDonald has become a key advocate in the House of Commons. She has consistently raised the issue, calling for a debate in government time to address the postcode lottery of NHS funding and the lack of workplace support. The combined efforts of MPs from different parties demonstrate a shared recognition of the problem and a growing consensus that legislative action is needed to protect workers.

The Path to Progress: Pioneering Policies

While legislation lags, some UK companies are already leading the way by implementing comprehensive fertility policies. Firms like NatWest, Centrica, and Channel 4 have introduced benefits that go far beyond statutory requirements. These pioneering policies often include paid leave specifically for treatment, financial assistance, and access to confidential counselling and specialist support. NatWest, for example, offers a full working week of paid leave for each treatment cycle.

Channel 4 offers employees up to three rounds of IVF treatment through its insurance provider and provides unlimited leave for appointments. The Co-op group has also launched a policy of unrestricted paid leave for medical appointments related to fertility treatment, which extends to partners as well. These examples demonstrate that creating a supportive environment is not only possible but is increasingly seen as a hallmark of a modern, inclusive employer.

Training Managers to Provide Support

A key component of successful fertility policies is providing dedicated training for line managers. The survey by an advocacy organization revealed that only 35% of employees felt their manager was supportive, often due to a lack of awareness rather than ill will. Research has found that while 90% of managers feel it is their responsibility to provide support, many lack the knowledge to do so effectively.

Training can equip managers with an understanding of the details of fertility care, and the effects on a person's body and mind, as well as the company's specific policies. This empowers them to handle conversations with sensitivity and confidence, ensuring that employees feel understood and supported. Companies like NatWest have integrated manager training into their fertility support programmes, recognising it as essential for fostering a truly inclusive culture.

Global Benchmarks for Support

As the UK debates the future of workplace fertility rights, it can look to international examples for guidance. Several countries have already implemented laws that provide specific protections for individuals undergoing treatment. Malta, for instance, offers women up to 60 hours of paid leave for IVF, with an additional 40 hours of paid leave for their partners. This demonstrates a national commitment to supporting family-building journeys.

Other nations, including Korea and Japan, have also introduced bespoke employment legislation around fertility assistance, offering varying degrees of paid leave and protection from discrimination. These international benchmarks provide a clear message: legally mandated support for fertility assistance is an achievable and increasingly common standard. They offer a potential roadmap for UK policymakers as they consider how to best address the current shortfalls in employment law.

The Future of Workplace Wellbeing

The conversation around the process of fertility care is part of a broader shift towards more holistic and inclusive workplace wellbeing. It intersects with discussions about mental health, diversity and inclusion, and flexible working. As companies strive to attract and retain a diverse workforce, they recognise the need to support employees through all life stages, including the challenging journey of building a family.

Providing comprehensive fertility support is no longer a niche perk but a vital component of a competitive employee benefits package. It sends a powerful message that an organisation values its people as whole individuals. The ongoing campaign for a statutory right to time off is a critical step in ensuring that this level of support becomes a universal standard, not a lottery dependent on the goodwill of an individual employer.

A Movement for Meaningful Change

The movement for fertility rights at work, spearheaded by advocates like the group Fertility Matters at Work, is gaining undeniable momentum. Their work combines powerful personal stories, robust data, and targeted political campaigning to shine a light on an issue that has remained in the shadows for too long. By highlighting the profound personal and professional costs of the current system, they are building an irrefutable case for reform.

The ultimate goal is clear: to see fertility assistance recognised for what it is—a medical necessity for many—and to embed the right to protected time away for consultations in UK law. This change would alleviate an immense burden from thousands of workers each year, fostering a more compassionate, inclusive, and productive workforce for the future. The persistent efforts of campaigners ensure this vital issue remains on the national agenda.