What are employee rights when undergoing fertility treatment?
Infertility is a complex matter and a sensitive issue for those affected. According to the NHS, infertility affects around one in seven couples in the UK however some UK charities have reported that it actually affects one in 6 couples. Either way, what is clear is that for those affected by infertility issues, it can be a particularly challenging and isolating experience especially when simultaneously having to focus on work commitments.
There also still appears to be a taboo in the workplace regarding talking openly about pregnancy and infertility with both men and women, mostly because individuals fear they would be treated differently or it would impact their employment. Employers can therefore have a key role in providing support to employees during their experience so individuals can feel comfortable with talking openly if they wish to.
I wrote previously on this topic and provided recommendations on how employers could support employees dealing with fertility issues which incorporated the useful recommendations from the Chartered Institute of Personnel and Development.
How to support employees who are struggling with fertility
This summary outlines the key recommendations you may wish to consider to help foster a positive environment and support any employees affected by infertility.
Develop a clear policy.
Create a written policy outlining the employer’s approach to supporting employees with fertility issues. This could include guidelines and procedures for requesting time off for medical appointments, flexible working arrangements, and any financial assistance available for fertility treatments.
Having a clear policy in place can help to ensure that employees receive the support they need, that the employer’s approach is consistent and fair to all who are affected and promote a more open and inclusive culture to feel free to discuss the topic.
Train and educate managers.
Train managers on fertility issues and their potential impacts on employee mental and physical well-being. This includes understanding the emotional impact of infertility on employees, the complexity of treatment options, and the importance of creating an inclusive work environment. The purpose of this is to further promote a culture of understanding and empathy from those who work closely with employees affected.
A manager who has received some form training or education on the matter is much more likely to be confident on the topic and will come across much more welcoming and encouraging to those affected to feel comfortable in reaching out.
Encourage open communication.
Employees should feel comfortable discussing their fertility issues with their managers and HR personnel. Employers can create an open and supportive culture by encouraging regular check-ins and fostering a non-judgmental atmosphere. Being open and understanding of each employee’s needs can reduce any stress and anxiety cause by the situation and encourage a supportive workplace culture.
Offer emotional support.
Employers could provide resources to help employees cope with the stress and emotional challenges of fertility issues. This could include access to counselling services, employee assistance programs, or internal/external support groups. This could assist with employees’ mental health and well-being.
Provide practical support.
Offering a range of practical support measures to help employees manage their fertility treatment and work commitments. This could include flexible working hours, options to work remotely, or additional time off for medical appointments and recovery. Employers may also consider reducing targets or job responsibilities to limit any stress.
Stress can be a hinderance in conceiving and can impact the success of treatment and so an employer may wish to consider reducing targets or job responsibilities to help reduce an employee’s stress levels.
Maintain confidentiality.
Employers should continually ensure that employee privacy is protected, and that any information shared about fertility issues is kept confidential. This includes adhering to data protection laws and fostering a culture of trust and respect.
Be mindful.
It can be a very difficult time for couples experiencing fertility issues. Some employees may have also experienced miscarriages through their journey which means they will likely be experiencing a whirlwind of emotions on top of grief.
Some employees like to talk (for some, its therapy!) however others may prefer not to share and use work as a mode to switch off from their personal stresses.
It is important to be reminded that no two people are the same and will react differently during this time, so take account of this and treat any affected employees based on their specific needs.
Promote inclusivity and avoid unfair treatment.
Employers should promote a culture of inclusivity by recognising and appreciating the diverse family structures and personal experiences of their workforce. This includes providing employees with equal opportunities for career development and workplace support ensuring no one is subject to unfair treatment.
Mental health and disabilities.
Employee stress levels resulting from a difficult infertility journey can be very high for some and may well be considered a disability under the Equality Act. This may also have an impact on physical health if stress leads to sleep deprivation or other medical issues like hypertension.
Infertility can also be triggered by underlying health conditions such as polycystic ovary syndrome and endometriosis which are long-term health conditions and may meet the definition of a disability.
It is therefore important to keep employees going through infertility issues under close and frequent review and this could include carrying out individual risk assessments.
It is important to be reminded that if a condition is considered a disability, employees have certain rights and protections and employers have a duty to ensure employees are not discriminated against.
Hopefully, by implementing these recommendations, employers can achieve a supportive work environment that acknowledges the sensitive challenges faced by employees experiencing fertility issues. This approach can facilitate with improving employee well-being, increase productivity, foster a positive workplace culture and reinforce good working relationships in the workplace.
How we can help
If you are interested in promoting a more positive and supportive culture on this topic in your organisation, we can help in a number of ways including creating a bespoke policy or looking at what other measures can be put in place to assist anyone facing fertility issues.
Alternatively, if you are currently facing a sensitive issue at work with an employee who is or may be affected by fertility issues and are unsure about how to handle the matter, please do not hesitate to get in touch with a member of the team.
Equally, if you are an employee and need guidance or assistance on how to get the right support from your employer, please do get in touch.