Fertility Treatment (Right to Time Off)

I beg to move,

That leave be given to bring in a Bill to make provision for a right to paid time off work for fertility treatment; and for connected purposes.

Deciding to start or grow our family should be a time of joy and happiness, and of making plans for the future. Every year in the UK, hundreds of thousands of babies are born under such circumstances, but for some people the path to parenthood is not simple or easy. According to the World Health Organisation, infertility affects one in six people globally. Whether it is due to medical factors, being in a same-sex relationship or considering solo parenthood, there are so many people who desperately want children but cannot without extra medical support.

That support comes through the form of fertility treatment. In 2023, 52,400 patients underwent IVF in the UK. These are not statistics; these are our friends, our colleagues and our constituents, and right now, they are not entitled to the support they deserve. Of course, this has an especially big impact on women, given that they are the ones most often undergoing fertility treatment in the form of IVF.

Currently, there is no legal right to paid time off to attend fertility appointments. Women have to hope they have an understanding employer or, as I shall come to, take sick leave or annual leave instead. In fact, the Equality Act 2010 code of practice on employment makes a comparison between a woman having fertility treatment and a man having cosmetic dental surgery. How can that be right?

Let us be clear: fertility treatment is not a lifestyle choice; it is a necessity for so many people. However, as I have heard from many women, some employers treat fertility treatment as an elective procedure, and do not allow employees time off, as they would in the case of other medical procedures. IVF is not a simple filling or a dental clean-up. A single cycle of IVF typically involves five to seven appointments, often at short notice. The timing is dictated by hormone levels and follicle development, which cannot be predicted. Throughout, someone is pumping their body full of hormones and drugs, which can have an extraordinary physical and emotional toll. Indeed, according to research conducted by Fertility Matters at Work—I pay tribute to it for all its work on this issue—87% of people say that they experience anxiety or depression directly related to their treatment.

So many stories have been shared with me and other organisations about the impact of having no legal right to paid time off for fertility treatment. Women have had to use all their annual leave, have faced disciplinary action, and have hidden what they were going through from their employers, and that has had a huge toll on their mental and physical health. At an already stressful time, these people, in particular women, are having to navigate more uncertainty and stress. I am introducing this Bill because of the huge impact that the situation has on many of our constituents.

Sarah—I have changed her name for legal reason—paints that story clearly. After pouring her all into her job for five years, she and her husband decided that it was the right time to start a family. After months trying to conceive, she began IVF, and what followed, in her words, “completely blindsided” her—the staggering number of tests, the drop-everything-at-once appointments, and the cocktail of drugs that she would have to inject into her body in her office toilet. Sarah feared disclosing to her employer that she was undergoing fertility treatment, and she was right. She developed complications and had to spend weeks in hospital, which meant she had to tell her employer that she was undergoing IVF. Not long after, her boss suddenly told her that she needed to work abroad. When she explained that she needed to be close to her IVF doctor, she was told that she had to go anyway. An employment lawyer told her that she had no legal grounds to challenge that, and the choice she was left with was to stay or to leave—family or career. It was a choice she should never have had to make. That cannot be right, and the current situation is deeply unfair. The issue has a disproportionate impact on women and contributes to wider equality challenges—for example, to do with the gender pay gap and career progression. In the most extreme cases, women are having to choose between a career and a child.

The Bill aims to right this wrong. It is straightforward: it would create a statutory right to paid time off for all necessary appointments for employees undergoing fertility treatment. It gives partners a right to time off, too. That is important, because as one person said:

“I wanted to be there at the conception of my child.”

I do not think that an unreasonable request. The Bill mirrors the existing framework for antenatal care, recognising that fertility treatment is equally deserving of workplace protection. Fundamentally, it raises these questions for the House: do we believe that everyone who wishes to have a child deserves a fair chance of doing so? Will the state support all its citizens who have chosen that path? Do we have a moral duty to level the playing field for those who, through no fault of their own, find themselves struggling to get pregnant? This is about fairness.

On that point, although the Bill’s scope is limited to employment rights, we must also tackle the postcode lottery of access to NHS-funded IVF cycles, which organisations such as Fertility Action and LGBT Mummies have so powerfully campaigned to address. Fewer than 10% of integrated care boards in England offer the recommended three cycles of IVF, but someone’s chances of having a baby should not depend on where they live.

The Bill is in our national interest. As Becky Kearns from Fertility Matters at Work said:

“This is also a workforce crisis hiding in plain sight. We’re facing a global fertility decline but failing to support those actively trying to start a family”.

Last year, the fertility rate in England and Wales reached an all-time low, falling for the third year in a row to 1.41 children per woman. Just to sustain current population levels, it needs to be 2.1, so we need more people to have babies. We should be helping those who wish to become parents and grow their families, and who will be raising the future workers and taxpayers on whom this country will depend. That is, of course, not the only solution to falling fertility rates, but it would help.

Meanwhile, while there is a climate of stigma, in which women are afraid of revealing that they are undergoing treatment, there is a very real cost for British business. Without the right to receive time off, up to 63% of people take sick leave to attend appointments. Because many are concerned about telling their employer, they often take whole days off to hide their appointments, instead of the few hours that they actually require. Recent research published this week estimates that this costs UK employers up to £54 million in unplanned sick leave alone every year, and that is just one example of the cost to businesses. Providing a statutory right to time off not only protects employees, but gives them permission to take that time off openly, and to plan it with their employer, transforming chaos into clarity for everyone. Accessing treatment can be even more challenging for those working in certain circumstances, such as those doing shift work or travelling often.

In fact, this right is also smart business, because 86% of employees would be attracted to a role in an organisation that provides fertility support. Many businesses already recognise that this is not only the right thing to do, but in their interests. Businesses such as Centrica, Cadent Gas and Aviva, which has a strong presence in my constituency, have all voluntarily given paid time off to their employees for fertility treatment, but whether someone can attend their fertility appointment should not depend on the luck of the draw, a kind manager or an understanding employer; it should be the norm for everyone. In many other countries, bespoke employment legislation has already been developed. People in South Korea and Malta, for example, are entitled to paid time off for fertility treatment.

We have come a long way as a society. For decades, we provided paid time off for antenatal leave, then maternity leave, and soon, thanks to Labour’s Employment Rights Bill, we will have day-one rights for paternity and parental leave, and for bereavement leave after pregnancy loss. We must look at fertility treatment too, because, as I know myself, the pathway to parenthood is not always easy.

This Bill would help shift the culture and narrative in workplaces about a topic that has remained taboo for far too long. I know there has been support across the House for this change; I pay tribute to the former Conservative Member Nickie Aiken, who introduced a similar private Member’s Bill in the last Parliament. I also thank the Government, and current and past Ministers, for their engagement with me on this issue, and I know that they are listening. If it is not possible to get a change in the law soon, I would encourage Members to ask businesses in their constituency if they will join others in voluntarily providing paid time off for fertility treatment.

Finally, it is deeply fitting that this Bill is presented in Fertility Week—a time to challenge taboos and raise awareness of the devastating physical, emotional and social impacts of fertility problems. How better could this House show that it is alive to these issues and injustices than by giving its support to this Bill?

This Bill is about fairness. It is about saying to the thousands of people who undergo fertility treatment every year that we see them, we support them, and they should not have to face it alone. That is morally right, right for our economy and right for our national interest. I commend this Bill to the House.

That Alice Macdonald, Andrew Pakes, Daniel Francis, Jess Asato, Kate Osborne, Matt Turmaine, Michael Wheeler, Olivia Blake, Rachel Blake, Sarah Owen, Sarah Russell and Stella Creasy present the Bill.

Alice Macdonald accordingly presented the Bill.