Fertility treatment (including IVF) at work: legal rights, time off, discrimination, pregnancy protected period, policy guidance and case law

Published by a LexisNexis Employment expert

Practice notes

This Practice Note explores workers’ entitlements when they undergo fertility treatment, covering the range of treatments on offer (such as in vitro fertilisation (IVF), intrauterine insemination (IUI), medication and surgical options), how employers should handle time-off requests, when the protected period begins for pregnancy-related rights, safeguards against discrimination, considerations for introducing a workplace policy, and the most up-to-date guidance and current case law. It is crucial for employers to recognise the issues that arise for employees going through fertility treatment. The World Health Organisation reports that one in six people globally experience infertility. Fertility Network UK estimates that 3.5 million people in the UK face fertility challenges and recent surveys indicate that staff feel workplace support is insufficient. For example:

The 2023 Workplace Infertility Stigma Survey by Fertility Family found three in four respondents felt their employer did not foster an open environment to discuss fertility
A 2021 survey by Fertifa and Fertility Network UK reported that over one third of employees undergoing fertility treatment consider leaving their jobs

Types of fertility treatment

Fertility treatment is an umbrella term...

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Elise Turner

Morton Fraser MacRoberts LLP

A Law Society of Scotland Accredited Specialist in Employment Law and a Senior Associate in Morton Fraser's highly rated employment law team, Elise Turner advises both employer and employee clients in relation to the legal and practical aspects of both day-to-day and complex HR issues. Her advice includes everything from discipline, grievance, performance and absence matters to redundancy, working time, TUPE, outsourcing and discrimination. She regularly advises on senior executive contracts and exits on both sides, often drafting and negotiating agreements in highly confidential or delicate circumstances....

Sarah Gilzean

Morton Fraser MacRoberts LLP

Sarah is a Partner in Morton Fraser's highly rated Employment team. Sarah is an accredited specialist in discrimination law, one of only 12 in Scotland. She is highly regarded in the sector as a discrimination lawyer and is Convener of the Law Society Equalities Law Reform Committee and a member of the Scottish Discrimination Law Association. Sarah is also an accredited specialist in employment law and has particular expertise in equal pay. Sarah acts for a wide range of employer and employee clients in the public and private sectors. Sarah also has particular expertise in the education sector and regularly advises independent schools in relation to accessibility, discrimination issues and parental complaints. She gives practical, easy to understand advice and is focused on achieving her client's objectives at all times. She regularly advises both employers and employees in relation to senior exits, TUPE and...

Web page updated on 21/05/2026

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