UK workplace legal context
There is currently no legal right to paid time off specifically for fertility treatment appointments in the UK. ACAS is explicit about this. However, you have more protection than most people realise, and the legal picture is more nuanced than "no rights."
From the point of embryo transfer
From the moment of embryo transfer, the Equality Act 2010 generally treats you as pregnant for pregnancy and maternity discrimination purposes (s.18). Decisions to dismiss or change working arrangements after this point are typically scrutinised closely; employers would usually take HR or legal advice before doing so.
These provisions can apply whether or not you have told your employer about the transfer.
If your infertility has an underlying cause
If your infertility is caused by an underlying condition such as endometriosis or PMOS (previously called PCOS), disability discrimination provisions of the Equality Act 2010 may apply. Depression or anxiety arising from fertility treatment may also qualify as a disability under the Equality Act where it has a substantial and long-term adverse effect on normal day-to-day activities.
Whether the threshold is met in any particular case is fact-specific, ACAS guidance, a union representative, or an employment solicitor are the appropriate references.
Annual leave and appointments
Requiring you to use annual leave for fertility treatment appointments, without applying the same approach to comparable medical appointments, may raise an indirect sex discrimination question. This is fact-specific and not a straightforward legal determination, ACAS, a trade union, or an employment solicitor are the right sources for case-specific advice.
Time Off: What UK Law Generally Provides
What is NOT automatic in UK law:
• Paid time off for fertility treatment appointments
• A specific number of days off for procedures
• Leave equivalent to sick leave for monitoring appointments
What is generally available under UK law:
• Reasonable adjustments may be available where the disability threshold under the Equality Act 2010 is met (this is fact-specific)
• Pregnancy and maternity provisions of the Equality Act may apply from the point of embryo transfer
• A request for flexible working under the Employment Rights Act 1996 (most employees can request from day one of employment under the 2024 reforms)
• Free, confidential advice from ACAS about workplace concerns
Talking to your employer: your options
Option 1, Disclose nothing
"I have a medical appointment" is sufficient. You are not required to explain the nature of any medical appointment. This is often the right choice, particularly early in treatment.
Option 2, Disclose to HR only
HR can hold the medical context and pass only the adjustments needed to your line manager, if you would prefer to keep the conversation in two parts the specific details. Ask HR to keep your disclosure confidential and to communicate only the adjustments needed to your manager.
Option 3, Use the Line Manager Brief in your Tools tab
The brief in this tool is designed to give your manager what they need to support you, and you decide which sections to include. You control exactly what goes in.
Option 4, Request an occupational health referral
You can ask your GP or HR to refer you to occupational health, or self-refer if your employer offers it. An OH practitioner can provide formal, independent recommendations to your employer about workplace adjustments, without disclosing your medical details beyond what you consent to share.
What to do if things go wrong
If you experience discrimination or harassment related to fertility treatment:
• Document everything: dates, what was said, who was present
• Contact ACAS for free, confidential advice: 0300 123 1100
• Consider speaking to a union representative if you have one
• Request a written explanation if reasonable adjustments are denied
Research shows 7.4% of people experience fertility treatment-associated harassment at work (Ueda et al. 2022). You are not alone, and ACAS, a trade union, or an employment solicitor can advise on next steps.
If you are asked for more detail than feels comfortable:
You are not required to share medical details. "A medical procedure" or "a medical appointment" is always sufficient.
The occupational health pathway
Occupational health (OH) is an independent clinical service that sits between you and your employer. An OH assessment can:
• Recommend workplace adjustments without disclosing your diagnosis
• Provide an independent clinical view that may inform whether the Equality Act disability threshold is met (the legal determination itself sits with employment-law processes, not with OH)
• Document your situation in a way that supports both you and your employer
• Provide a management report that your employer can act on
OH access routes commonly include:
• Asking your GP to refer you
• Asking HR whether your employer offers OH and requesting a referral
• Self-referring if your employer offers this (ask HR whether they do)
A formal diagnosis or specific threshold score is not normally required to access OH support.