Overview

This bill aims to give employees the right to paid time off work for fertility treatment appointments, including time off to accompany their partner or child to appointments. It also protects employees from any negative consequences for taking this time off.

Description

The bill amends the Employment Rights Act 1996 to introduce new sections granting employees the right to paid time off for fertility treatment appointments. This includes appointments for:

• Receiving fertility treatment (e.g., IVF, IUI, ICSI).
• Fertility preservation treatment.
• Medical examinations related to fertility treatment.

Employees must provide a certificate from a registered medical practitioner or nurse and proof of appointment (except for the first appointment). The time off is paid at the employee's normal hourly rate, calculated based on their average weekly hours over the preceding 12 weeks. Agency workers are also granted the same rights, with the temporary work agency responsible for payment, and both agency and hirer responsible for granting time off.

The bill extends these rights to include paid time off for employees to accompany a partner or child to fertility appointments, provided they have a qualifying relationship and the appointment is medically advised. A signed declaration detailing the relationship and appointment details must be provided to the employer upon request. Qualifying relationships include spouses, civil partners, those in enduring family relationships, fathers, parents under the Human Fertilisation and Embryology Act 2008, and those with parental order applications.

The bill also prevents employers from penalising employees for taking this time off. Complaints about unreasonable refusal of time off or unpaid leave can be made to an employment tribunal, with potential penalties including double the unpaid remuneration for unreasonable refusal. Time limits for complaints are set at three months from the appointment date, with potential extensions for reasonable cause.

Government Spending

The bill will likely lead to increased government spending due to potential Employment Tribunal cases and associated costs. However, precise figures are unavailable.

Groups Affected

The bill will primarily affect:

• Employees undergoing fertility treatment: They will gain the right to paid time off for appointments.
• Partners and family members of those undergoing fertility treatment: They will also have the right to paid time off to accompany their loved ones to appointments.
• Employers: They will have a new legal obligation to grant paid time off for fertility treatment, impacting their operational costs and potentially administrative burden.
• Temporary work agencies and hirers: Similar obligations apply to agencies and hirers with respect to agency workers, increasing their responsibilities.
• Employment Tribunals: They will see an increase in potential cases related to this new legislation.

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