IVF and fertility treatment leave is authorised absence from work for employees undergoing in vitro fertilisation (IVF) or other fertility treatments. Fertility treatment involves multiple medical appointments, hormone injections, egg retrieval procedures and embryo transfers, all of which require time away from work. While statutory entitlements for fertility leave are limited in most jurisdictions, the issue has gained increasing attention as more employees seek fertility treatment and employers recognise the need for supportive policies. In the UK, there is no specific statutory right to IVF leave, but some European countries and Australian states have introduced provisions.
Key Takeaways
- There is no specific statutory right to IVF leave in the UK, but employees may use existing leave entitlements
- In some European countries, such as Belgium and Spain, statutory fertility treatment leave exists
- Employers who offer dedicated fertility leave improve employee retention and demonstrate commitment to family-friendly policies
What Is IVF Leave?
IVF leave is absence from work specifically for the purpose of attending fertility treatment appointments, recovering from procedures, and managing the physical and emotional demands of fertility treatment. In vitro fertilisation involves a series of medical steps — ovarian stimulation, egg retrieval, fertilisation in the laboratory, embryo development and embryo transfer — that span several weeks and require multiple hospital or clinic visits.
The physical demands of fertility treatment are significant. Hormone injections can cause side effects including bloating, mood swings and fatigue. Egg retrieval is a minor surgical procedure that typically requires a day or two of recovery. Embryo transfer may require rest afterwards. The emotional toll of fertility treatment, including the uncertainty of outcomes and the possibility of failed cycles, adds to the challenge of maintaining normal working patterns.
IVF leave is distinct from general sick leave or medical leave in that it covers a planned course of treatment rather than an unexpected illness. Employees undergoing IVF need predictable time off for scheduled appointments and procedures, as well as flexibility to manage the physical and emotional effects of treatment.
The absence of specific statutory IVF leave in many jurisdictions means that employees often use annual leave, personal leave or sick leave for fertility treatment. This depletes their leave balances and may require them to disclose personal medical information that they would prefer to keep private. Dedicated fertility leave policies address this issue by providing a specific entitlement that acknowledges the unique nature of fertility treatment.
Who Is Eligible for IVF Leave?
United Kingdom
There is no specific statutory right to IVF leave in the UK. Employees undergoing fertility treatment may use their statutory sick pay entitlement if they are unable to work due to the physical effects of treatment. Annual leave and unpaid leave are also options. The Equality Act 2010 provides protection against discrimination, and fertility treatment may be linked to sex discrimination claims if employers handle requests insensitively. Some employers offer contractual fertility leave as a benefit.
Australia
Several Australian states have introduced fertility treatment leave provisions. In Victoria, the Public Health Extended Leave provisions allow public sector employees to access paid leave for fertility treatment. In Queensland, public sector employees can access up to five days of paid fertility treatment leave. For private sector employees, the Fair Work Act does not provide specific fertility leave, but employees may use personal/carer’s leave or annual leave.
Europe
Several European countries provide statutory fertility treatment leave. In Belgium, employees are entitled to three days of paid leave per IVF cycle. In Spain, employees are entitled to reduced working hours for fertility treatment under the Workers’ Statute. In France, employees can access time off for medical appointments related to fertility treatment under the Code du Travail. These provisions reflect a growing recognition of fertility treatment as a significant medical need.
IVF Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | No statutory right | Uses sick leave or annual leave | Some employers offer contractual fertility leave |
| AU (QLD public sector) | 5 days paid leave | Paid at full rate | Applies to public sector employees |
| Belgium | 3 days per IVF cycle | Paid | Statutory entitlement under employment law |
| Spain | Reduced working hours | Paid | Available during fertility treatment period |
How to Request IVF Leave
- Review your employer’s policy — check whether your employer has a specific fertility leave policy or flexible leave arrangements.
- Provide reasonable notice — inform your employer of the expected dates you need off for appointments and procedures.
- Be as specific as you are comfortable with — you do not need to disclose detailed medical information, but explaining the general nature of the absence helps your employer plan.
- Discuss flexibility — if possible, explore options such as flexible working hours, remote working or compressed schedules to reduce the need for formal leave.
- Provide medical evidence if requested — employers may request a medical certificate confirming the treatment, though they should handle this information with confidentiality.
Employer Obligations for IVF Leave
- Handle requests sensitively — fertility treatment is a personal and emotional matter and should be treated with discretion
- Consider reasonable adjustments — explore flexible working arrangements, adjusted hours or remote working to support employees undergoing treatment
- Maintain confidentiality — information about an employee’s fertility treatment must be kept confidential and shared only on a need-to-know basis
- Apply policies consistently — ensure that fertility leave policies are applied fairly regardless of the employee’s gender, sexual orientation or relationship status
- Offer support — provide access to employee assistance programmes, counselling and support groups for employees undergoing fertility treatment
Common Mistakes
- Requiring employees to disclose detailed medical information about their fertility treatment
- Treating IVF appointments as less important than other medical appointments
- Not including fertility treatment in the company’s leave policy, leaving employees to use annual leave
- Making assumptions about employees based on their age, gender or relationship status when they request fertility leave
- Failing to consider flexible working arrangements as an alternative to formal leave
FAQ
What is IVF leave?
IVF leave is time off work for employees undergoing in vitro fertilisation or other fertility treatments. It covers medical appointments, procedures and recovery time. Statutory entitlements vary by jurisdiction, and many employees use existing leave entitlements for fertility treatment.
Is IVF leave statutory in the UK?
No. There is no specific statutory right to IVF leave in the UK. Employees may use sick leave, annual leave or unpaid leave for fertility treatment. Some employers offer contractual fertility leave as a benefit.
How many days of IVF leave can I take?
This depends on the employer’s policy and the jurisdiction. In Belgium, employees are entitled to three days per IVF cycle. In Queensland, public sector employees can access up to five days. In the UK and US, it varies by employer.
Do I have to tell my employer about my fertility treatment?
You are not legally required to disclose the nature of your medical treatment, but informing your employer allows them to provide appropriate support and make reasonable adjustments. You can provide a general explanation without going into personal detail.
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