Workplace support for fertility treatment: new paid leave proposals in focus

Although in recent times we have seen several important improvements to family-friendly employment rights, employees do not currently have a statutory right to take time off (paid or unpaid) for fertility treatment. The Fertility Treatment (Right to Time Off) Bill seeks to change that. 

Impact of the status quo 

Recently, I had a conversation with a member of my family about her own experience during fertility treatment. She told me that she managed to schedule her treatment to take place during a period of previously approved annual leave. Had she not been able to do so, she would have had to book additional annual leave or take sick leave in order to attend the various appointments associated with her fertility treatment. Her employer did not have a policy of allowing paid time off for fertility treatment. 

This family member also spoke about her experience of juggling work and her treatment more broadly. She described how difficult it was to manage the emotional and physical toll of treatment alongside her responsibilities at work, particularly as her colleagues and management were unaware that she was undergoing treatment.  

Her experiences are not uncommon. The World Health Organization (WHO) reports that fertility struggles can affect as many as one in six people globally, all of working age. In a survey conducted by Fertility Matters at Work, 61% of respondents said that they did not feel confident talking to their employer about trying for a baby and 69.5% took sick leave whilst going through treatment, anecdotally to hide the fact that they were having treatment.

These figures are disheartening. It seems likely that fear of unfavourable treatment is a significant contributing factor. Individuals going through fertility treatment may, depending on the stage of treatment, be entitled to protection from sex and/or pregnancy discrimination under the Equality Act 2010. However, without proper understanding and awareness of fertility related issues in the workplace, employees may feel that the practical impact of those protections is limited.

Financial considerations are also relevant for individuals going through fertility treatment. At present, there is no specific statutory right to time off (paid or unpaid) for fertility treatment and it does not fall within the scope of antenatal appointments (because an individual is not regarded as pregnant until a fertilised ovum has been implanted). Without the right to paid time off, employees often use annual leave or sick leave to attend fertility appointments. The use of annual leave is far from ideal. Holidays should be used for rest, relaxation, and reconnection. The use of sick leave can have unintended consequences for employees. For example, they might be subjected to an absence management process or receive lower scores in a redundancy selection process. 

Fertility Treatment (Right to Time Off) Bill

Introduced by Labour MP Alice MacDonald on 4 November 2025, the Fertility Treatment (Right to Time Off) Bill aims to provide a legal right to paid time off for employees undergoing fertility treatment. It would give their partners the right to time off too. 

In her speech to Parliament, MacDonald highlighted that the introduction of such a right would have clear benefits for businesses as well. Recent research estimates that inadequate fertility support in workplaces might be costing UK employers upwards of £217 million annually in sick leave, lower productivity, and staff turnover.

The introduction of a right to paid time off for fertility treatment is by no means unchartered territory, with MacDonald noting that such a right already exists in other countries, such as South Korea and Malta. Nor is the concept entirely unfamiliar to policymakers, with similar proposals previously tabled by Conservative MP Nickie Aiken back in 2022.

The bill is due to be read in Parliament a second time on 28 November 2025, although it is unlikely to become law without official government backing.

In the absence of a statutory right to paid time off, how else can employers support employees undergoing fertility treatment?

• Provide a right to paid time off for fertility appointments on a voluntary basis.
  
  
• Create a dedicated fertility policy, and keep it separate from the company’s maternity policy.
  
  
• Consider tailored support measures on a case-by-case basis (e.g. the provision of a fridge for storing medication, a private space to inject medication, the flexibility to take calls from the treatment clinic, and increased working from home on a temporary basis).
  
  
• Ensure that there are clear processes in place to maintain confidentiality.
  
  
• Unsuccessful fertility treatment can result in considerable distress. Consider providing a right to paid time off in the event of an unsuccessful treatment cycle. 
  
  
• Raise awareness of fertility issues in the workplace. Training for managers is particularly important. 

If you would like to discuss any of the issues outlined above in more detail, please reach out to a member of our employment team. 

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