An employment tribunal has ruled that a woman was unfairly discriminated against after successful IVF treatment. The employee had taken time off work to undergo fertility treatment, but was not allowed to return to work after she told her employer she was pregnant (People Management Nov 2019).
Despite 1 in 6 couples being infertile (which the World Health Organization recognises as a disease), resulting in more than 68,000 annual IVF cycles in the UK alone, the majority of the world is still ignorant regarding fertility treatment. Especially in the workplace.
Can I take time off for IVF?
There are no statutory rights to time off work for fertility treatment. In spite of a typical IVF cycle requiring multiple appointments for consultations, blood tests, ultrasound scans, egg collection and transfer. Which partners, recipients and commissioning couples also often need, or want, to attend. This together with the requirement to inject refrigerated fertility drugs, during the working day, adds up to an extremely time consuming and stressful experience. Especially if an employee feels that they need to hide it from their employer.
What are my rights?
There are currently no clear guidelines regarding an employer’s responsibility to employees undergoing IVF, which leaves HR departments and line managers having to make their own decisions, ultimately creating huge disparities and unfairness. Only once a woman has an embryo transfer does she have any rights. As whether the IVF is successful or not, she is legally considered to be pregnant from the point of implantation, which she is not able to know until she can take a pregnancy test 2 weeks later. Therefore, the embryo transfer commences the “protected period”, which begins at the start of a pregnancy and usually finishes at the end of maternity leave (Pregnancy and Maternity discrimination law). If the pregnancy test proves negative, her protected period ends two weeks after she has been told her attempt at implantation (pregnancy) has proved unsuccessful. This is important because it means the employer must conduct a specific risk assessment, to comply with health and safety and allow employees paid time off for any further appointments after the embryo transfer.
1 in 5 patients cut their hours or leave work all together
However, to qualify, the woman must have informed her employer in writing about the IVF treatment. Research shows time after time that patients undergoing IVF treatment do not inform their employers due to worries that it will detrimentally affect their future job prospects. Stigma, employer ignorance, fear of retribution or potential confidentiality leaks mean that the only option for 1 in 5 women is to cut their hours or leave work all together, acerbating feelings of inadequacy and grief.
Loosing staff is counterproductive and expensive. Multiple studies demonstrate employers who are supportive and engaging have a workforce that is happier, performs better and is less likely to leave. All of which improves business, seems a no-brainer and surely means that it is time for satutory recommendations regarding IVF treatment.
For more information
Fertility Network Uk – Employment issues advice sheet
