How can I as a manager support staff experiencing fertility challenges?
As a manager, you play a vital role in supporting staff who are facing fertility challenges and undergoing related investigations and treatments.
Since every fertility journey is unique, it is important to provide flexible and thoughtful support tailored to individual circumstances. The appropriate level of support will vary depending on the employee’s specific needs and the nature of their role.
The time an employee may need away from work will depend on the nature of the tests, treatments and the recovery post-treatment as well as the location and scheduling of their appointments. Offering flexible and creative solutions to accommodate medical appointments and post-treatment needs can significantly ease the process for the employee and strengthen the manager-employee relationship.
What information is important for me to know
General considerations on the fertility journey
The fertility journey involves not only the treatment phase but also an investigative phase, which includes exams, tests and appointments to try to understand what may be the cause of infertility and discuss various treatment options.
Time away from work may be required for the investigative appointments prior to the start of treatment and during the treatment. In some cases, the side effects of the treatment itself may mean the individual is unable to work for a period of time.
Whilst the duration of treatment varies, below are some average timeframes for common fertility treatment options:
- Intrauterine insemination (IUI): 3-4 weeks
- In Vitro Fertilisation (IVF): 3-6 weeks
- Intracytoplasmic sperm injection (ICSI): 4-6 weeks
Statutory entitlements
LSE has a duty of care to safeguard the health, safety, and wellbeing of its employees at work. Whilst there is no statutory right to time off in connection with fertility investigations or treatments, any fertility-related appointment should be treated as any other medical appointment. In the case of IVF, a person is deemed to be pregnant from the point of implantation of the fertilised egg in the uterus. Therefore, from that time, staff are legally protected from pregnancy and maternity discrimination and will have the right to time off to attend antenatal care. The protected period ends when the individual returns to work after maternity leave or at the end of the period of two weeks beginning with the end of the pregnancy (i.e., in the case of IVF, if the pregnancy test, usually taken two weeks after implantation, is negative, the protection period will elapse two weeks after that date).
Example of protected period:
Time away from work
Employees who are facing fertility challenges are encouraged to discuss their needs and arrangements for investigative and treatment appointments with their managers. Managers should, wherever operationally possible, demonstrate flexibility regarding how related appointments can be accommodated (e.g., allowing staff to work from home on the day of the appointment, considering earlier/later start/finish times).
Like any other medical appointment, appointments for investigation and treatment of fertility issues should normally be arranged outside of normal working hours. It is recognised that, with fertility-related appointments, there may be multiple appointments often arranged with very little notice. Where these can't be arranged outside of normal working hours, flexible working options (i.e. late/early working hours, working from home) should be explored to allow staff to attend these.
It is likely that people may also need time off from work and/or adjustments after the treatment cycle to recover and/or increase the chances of success. If an employee is off sick due to the side effects of fertility treatment, the usual provisions under the sickness absence procedure should be followed.
Alternative leave arrangements, such as annual leave or other types of special leave (such as compassionate leave) should be considered where additional time is required. In some circumstances, it might be appropriate to explore the option of unpaid leave.
A summary of these provisions is provided below:
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Flexible working
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This is encouraged throughout the fertility journey (e.g., working from home on the day of an appointment, later/earlier start-finish times)
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Medical appointment
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To investigate infertility, consult on treatment options, and any other appointment scheduled during the fertility journey (e.g, collecting ova, embryo implantation)
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Sickness absence
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Used to recover from any negative effects of treatment and / or illness as a result of fertility treatment
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Annual leave or other special leave (e.g., compassionate leave, unpaid leave)
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This should be used as appropriate where additional time off is required
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What are the ways in which I can support my staff
There are several ways in which you can support your staff. Below are some considerations and suggestions that you may find helpful:
- Build a relationship based on trust, encouraging staff to share what they feel comfortable with. Avoid pressuring them to disclose more than they wish, but remain open and listen actively, so they feel able to talk to you about their need for support or workplace adjustments.
- Treat any information with sensitivity and confidentiality and let the employee know that you won’t share details of their treatment.
- Be open, receptive and understanding. Take the time to get to the root of the individual’s needs and think creatively about solutions that could make their journey easier.
- Remember that you are not expected to be a counsellor or medical expert. Your role is to support staff as much as possible in their work. If you feel the employee requires additional support, please refer them to the resources listed in the Fertility Toolkit.
- Be flexible! Where possible, consider allowing the individual to work from home on the day of the appointment or adjust their start/finish times.
- Be creative in finding a solution that supports the employee whilst ensuring that operational needs are met. Each fertility journey is unique, so even if you’ve successfully supported someone in the past, the same approach may not be the most appropriate with another individual. Be prepared to listen to their needs and adapt the support where any adjustments are needed along the way.
- Manage absence and leave with compassion. Keep in mind that staff experiencing fertility challenges may be dealing with physical and also emotional difficulties. If additional time off is needed, discuss the possibility of alternative leave arrangements such as annual leave, compassionate leave, or unpaid leave, where appropriate.
Additional things to consider
- Be mindful that often people need to go through more than one round of treatment; the success rate of fertility treatments varies depending on several factors and not all cycles will be successful. Going through repeat cycles can add to the physical and emotional strain involved.
- Remember that fertility issues can affect anyone, regardless of their gender.
- There may be staff that wish to take time off work to support a partner – including same-sex partners – undergoing fertility investigations and treatment. Consider offering flexible working options where possible bearing in mind that staff can also request to take annual leave. However, if the employee’s presence is required as part of the treatment process, this should be treated like any other medical appointment.
- Be mindful that for some people undergoing fertility issues, it can be deeply challenging to hear about other people's pregnancies or babies. If you are aware that someone within your team has experienced, or is currently experiencing fertility challenges, be particularly sensitive as to how to certain news is shared and how family-related events, such as babies visiting the office or organising maternity/paternity gifts are handled. Whilst there is no ‘one-size fits all’ solution, some people may appreciate being informed ahead of time about pregnancy announcements so that they have the opportunity to prepare. For example, you may wish to notify them in advance if a pregnancy announcement will be made at a meeting. You may wish to check in with them after the announcement to see how they are feeling and whether they need time to process the news privately.
When it comes to family-related events, consider letting them know in advance and offering them the option not to participate in these events if they are uncomfortable. For example, if operationally feasible, consider allowing them to work from home on the day a baby is coming into the office.
Additional Information and Resources
If you would like to find out more information about fertility challenges, investigations and treatments, please consult the following factsheets developed by Fertility Network UK:
The NHS and the Human Fertilisation & Embryology Authority also provides detailed information on infertility, including causes, diagnosis and treatment.
Please refer to the ‘Resources’ section of the toolkit to see the full range of internal and external resources, key points of contacts, and reference points.