UK Family Right · 2026
Do I get paid time off for IVF or fertility treatment?
Statutory rights
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.18 (pregnancy from implantation); s.13/s.19 (sex discrimination if treatment-related absence treated worse than other medical absences); Employment Rights Act 1996 — section on legislation.gov.uk">ERA 1996 s.55 (antenatal appointments after implantation); HFEA guidance; NHS guidance recommends informing employer.
How to exercise this right
1) Pre-implantation: discuss with employer privately. Many employers have unwritten flexibility for fertility treatment. Larger UK employers (often 1000+ employees) have written fertility policies — check handbook. 2) Use sick leave for medical procedures (IVF retrieval, transfer) — legitimate medical absence. 3) Use annual leave for less urgent appointments. 4) From implantation (positive pregnancy test from IVF cycle): you're pregnant and have full pregnancy rights — paid antenatal time off, risk assessment, discrimination protection. 5) Document all medical appointments and absences. 6) For employers without policies, propose a fertility leave policy via HR — many adopt these readily.
Employer obligations
Treat fertility-treatment-related absences fairly compared to other medical absences (avoiding indirect sex discrimination); conduct risk assessment if relevant to working conditions; consider flexible working/scheduling for treatment cycles; not pressure disclosure but accommodate when disclosed; from implantation, all standard pregnancy obligations.
If your employer refuses
Treating IVF absence less favourably than other medical absences may be sex discrimination (s.13/s.19 EqA) — fertility treatment is overwhelmingly accessed by women, so penalty creates disparate impact. From implantation, full pregnancy protection under s.18 EqA — uncapped damages. ACAS conciliation; tribunal within 3 months less 1 day.
Worked example
Olivia disclosed to HR she was undergoing IVF and would need 3 days for retrieval and transfer. The employer's fertility policy gave 5 days paid leave per cycle. She used those 5 days. The cycle was successful; from implantation (positive test 2 weeks later) she was pregnant — full s.18 EqA protections, paid antenatal time, risk assessment, discrimination protection from that day forward. The fertility policy + automatic pregnancy protection sequenced into a fully-protected journey.
Recruiter pro tip
Many UK candidates don't realise that pregnancy protection legally starts from IMPLANTATION (positive pregnancy test) — not from any later milestone. If you're undergoing IVF and you've had a positive test, you're pregnant for legal purposes. All pregnancy discrimination protections apply, including the new April 2024 18-month redundancy protection. Make sure your employer documents this date for protection purposes.
Related family rights
When and how should I tell my employer I am pregnant?
You must notify your employer of your pregnancy by the end of the 15th week before your due date (Qualifying W…
What counts as pregnancy discrimination and how do I challenge it?
Pregnancy and maternity discrimination is unlawful under Equality Act 2010 s.18. It includes: unfavourable tre…
Can I take time off for antenatal appointments?
Yes — pregnant employees have a statutory right to paid time off for antenatal appointments under Employment R…
Related across UK Rights & Guides