National Fertility Awareness Week: Every Workplace
As National Fertility Awareness Week returned on 3 November 2025, the spotlight on Wednesday’s theme falls on a critical but often overlooked issue, fertility in the workplace. In conjunction with Irwin Mitchell’s Employment Team, this theme offers us a chance to reflect on what can be done to improve fertility support at work.
For many, fertility treatment is not just emotionally and physically demanding, it is also logistically complex and can conflict with work schedules. Appointments can be frequent, last-minute, and emotionally charged, and the process can span weeks or months, often requiring time off at short notice. The lack of formal support can leave employees feeling isolated and reluctant to disclose their situation, fearing stigma, career setbacks, or even discrimination.
Research by Fertility at Work shows that where organisations proactively support employees facing fertility challenges, business outcomes improve.
So, whilst we all know that fertility treatment is becoming more common, UK Employment Law has yet to catch up with the realities faced by those going through it. In fact, according to the Human Fertilisation and Embryology Authority (HFEA), nearly 21,000 babies were born via IVF in 2023. This increase from just 8,700 in 2000 reflects a significant rise in both demand for and access to assisted reproductive services.
An Employment Law perspective
There is currently no statutory right to time off for fertility treatment in the UK. Employees undergoing procedures such as IVF, intrauterine insemination, or egg freezing must rely on their employer’s discretion or internal policies. While some employers offer unpaid leave or flexible working arrangements, many do not. This leaves individuals to navigate complex treatment schedules without guaranteed support. The lack of legal protection can increase stress and uncertainty for those already facing emotionally and physically demanding procedures.
Legal protections do exist once an embryo has been implanted. At that stage, the individual is considered pregnant under the Equality Act 2010 and the current Employment Rights Act 1996, and gains protection from discrimination and unfair dismissal. However, this does not cover the earlier stages of treatment, which can be equally disruptive and emotionally taxing. Employers who reject requests for time off or fail to support staff during this period may risk indirect discrimination claims, particularly where policies disproportionately affect women or LGBTQ+ employees. These risks can arise even before pregnancy is confirmed, making it essential for employers to approach fertility-related absences with sensitivity and fairness.
Workplace Support for Evolving Family Paths
Fertility treatment is increasingly relevant to modern families, particularly those exploring IVF treatment, donor conception, assisted reproduction or surrogacy (where the individuals gametes are being used in embryo formation). These routes to parenthood often involve legal complexities that extend beyond the clinic and into the workplace. For example, intended parents embarking on a surrogacy journey may need time off to attend medical appointments, counselling sessions, or Court hearings related to Parental Order applications. While statutory adoption leave may apply once a child is placed, there is no automatic entitlement to leave during the preparatory stages of surrogacy.
Similarly, individuals using donor sperm or eggs may face unique challenges in balancing treatment with work. Disclosure can be particularly sensitive, and without clear workplace policies, employees may feel unsupported or misunderstood. Family law practitioners often advise clients to seek early legal guidance not only on parental rights but also on employment implications, especially where treatment involves international arrangements or private clinics.
What Employers Can Do
Until fertility treatment is explicitly recognised in Employment Law, employers must take the lead in creating inclusive environments that support diverse family-building experiences.
Employers have a vital role to play in bridging the gap between evolving family structures and workplace norms. These paths often involve legal complexities and emotional demands that extend beyond the clinic and into the workplace. Practical steps could include:
- Introducing a fertility policy that outlines leave entitlements, confidentiality protections, and support mechanisms;
- Offering flexible working arrangements to accommodate treatment schedules;
- Providing training for managers to handle sensitive conversations with empathy and discretion; and
- Recognising the emotional impact of fertility treatment and offering access to counselling or employee assistance programmes.
Looking Ahead
The upcoming Employment Rights Bill signals some progress as it proposes to introduce a new statutory right to bereavement leave which will extend to pre-24-week pregnancy loss, including unsuccessful IVF transfers. While this is a welcome development, it does not yet extend to paid leave or broader protections for those undergoing fertility treatment. Until legislation evolves further, employers must take the lead.
Fertility is not just a medical issue, it is a deeply personal journey that intersects with Employment, Family Law, and psychological wellbeing. As we mark National Fertility Awareness Week, there is an opportunity for organisations to reflect, adapt, and support every path to parenthood.
