Overview

This bill aims to give employees the right to paid time off for fertility treatment appointments, and to protect them from any negative consequences at work for taking this time off. It also extends this right to those accompanying someone to an appointment, covering both standard employees and agency workers.

Description

The Fertility Treatment (Employment Rights) Bill amends the Employment Rights Act 1996 to include a new right for employees undergoing fertility treatment. This right allows for paid time off for appointments related to fertility treatment, including IVF, IUI, and fertility preservation. Employees must provide a medical certificate and appointment details (except for their first appointment) to their employer. The paid time off is calculated based on the employee's usual hourly rate, with specific calculations outlined for cases where working hours vary.

The bill also safeguards employees from facing detriment (e.g., dismissal or demotion) for taking time off for fertility treatment or for accompanying someone to an appointment. Agency workers are explicitly included in these provisions, with both the agency and the hirer having responsibilities.

The bill specifies that complaints can be made to an employment tribunal if an employer unreasonably refuses time off or fails to pay for it, with potential penalties for employers who violate the new rights. The definition of "fertility treatment" is clearly outlined in the bill to encompass various assisted reproduction procedures and fertility preservation treatments.

Government Spending

The bill will likely increase government spending due to the potential rise in employment tribunal cases and the associated costs. However, precise figures are unavailable at this stage. The cost will depend largely on the number of claims and the outcome of those claims.

Groups Affected

• Employees undergoing fertility treatment: Will gain the right to paid time off for appointments.
• Partners/family members accompanying someone to fertility treatment appointments: Will gain the right to paid time off to provide support.
• Employers: Will have a new legal obligation to grant paid time off and face potential penalties for non-compliance.
• Agency workers: Gain the same rights as standard employees, with responsibilities shared between the agency and the hirer.
• Employment tribunals: Will likely see an increase in cases related to this new legislation.

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