Infertility: how employers can help

The impact of infertility on both organisations and employees should not be underestimated. In fact, the importance of reproductive health and fertility support in the workplace may be surprising. 

Some headline figures from Fertifa’s White Paper “Building a Business Case” show that:

• 90% of employees who face fertility challenges will change job for a company that has fertility benefits.
• 53% will stay longer with their employers if they covered the cost of fertility treatment.
• 88% of employees who feel unsupported during IVF treatment quit or think of quitting.

Tackling fertility issues head on allows an organisation to address many issues, for example:

• Productivity and Absenteeism

Those undergoing IVF will require frequent clinic visits and are likely to suffer side effects from the treatment, as well as the incumbent stress caused throughout fertility treatment. For many people this will involve time off work and reduced productivity. On the other hand, some employees, in a bid to limit the impact on their employer and to keep their situation private, may seek to limit their absences by carefully scheduling appointments outside of work hours, in lunch hours, or using annual leave and, where possible, working outside of their normal working hours to limit the observable impact on their working life.

• Employee turnover

A large number of people undergoing fertility treatment would consider leaving their employer in these circumstances, the effect of which represents a significant cost for employers.  Research has shown that the cost of replacing an employee in the UK can reach upwards of £30,000 (re-train and recruitment costs).

• Attracting and retaining talent

There is a growing trend to seek employment benefits beyond salary. Flexible and creative benefits with a focus on social responsibility are in demand and forward-thinking benefit packages are very valuable to organisations and employees alike. 

• Diversity and inclusion

LGBT+ employees generally require additional support to start a family through either donor conception, adoption and/or surrogacy. There is research to suggest that companies that work hard to promote diversity and inclusion in their workplace perform better.  Corporate benefits in respect of fertility treatments are particularly attractive as they are accessible by all, irrespective of age, gender, sexual orientation and/or marital status.

• Corporate values

Corporate values are increasingly important in the modern world and companies with family friendly policies make attractive places to work. 

• Gender equality

Fertility benefits promote gender equality as they provide female employees with more choice in respect of planning a family and balancing this with career progression.  The benefits help close the gender pay gap, which is beneficial ethically and has been shown to improve, amongst other things, productivity and engagement amongst staff.

Understandably, therefore, there have been calls to increase protection for women who are undergoing treatment. Organisations should, however, be mindful of current general employment law principles which may protect a woman at different stages in the process.

How To Support Your Employees

There are practical steps organisations can take to assist employees undergoing fertility treatment(s).  As mentioned above, this will not only benefit the individuals but also the organisation as a whole. Awareness of the inherent struggle of infertility, as well as having an open forum to discuss these issues, go hand in hand and provide the best springboard to enact change within the workplace.

Employee reluctance to be open about their experiences is a common stumbling block given the stigma around this topic. This is a deeply personal subject that not everyone will be ready or willing to discuss openly; as such it is absolutely crucial that employers create an open environment so that employees feel able to discuss these issues (if they want to do so). This may be with particular designated people (for example in HR), rather than line managers. Achieving this requires commitment by the organisation to raise awareness, train its people who have management responsibilities and to offer appropriate support and benefits.

A common employee concern is that their career paths will be restricted if they open up about their attempts to conceive (particularly as this would mean revealing family plans at a much earlier stage than those reporting pregnancy in ordinary circumstances). This can be addressed by making it abundantly clear that going through fertility treatment(s) and/or planning for a family is not a career limiting issue. This can be signposted through campaigns, policies and open communication throughout the organisation.

There are other practical steps organisations can consider taking such as:

• Offering vouchers/discount in respect of treatment costs.
• Funding fertility treatments and/or being creative in respect of helping employees with costs.
• Offering flexible working (so that individuals can attend appointments and work around any side effects).
• Allowing additional time off.
• Organising talks from professionals to help educate employees.
• Using existing networks to encourage the conversation e.g. LGBT+ Committees.
• Providing access to Tele-Healthcare that employees can contact confidentially.

There is a myriad of options open to organisations to assist their employees who are dealing with infertility issues and a multi-factorial approach best serves this end. 

A clear foundation needs to be set and a good starting point is to have a comprehensive policy specifically for IVF/infertility. These policies serve as a signpost that it is a topic which can (and should) be discussed and that employees will be supported in the workplace. This overcomes a significant hurdle and allows organisations to support their employees whilst maintaining a consistent and transparent approach.

How we can help

We can help your organisation tailor its policies to address this complex and sensitive issue to maximise its positive impact in the workplace, whilst ensuring compliance with the organisation’s legal obligations.

As mentioned, education and awareness in this area is absolutely critical. This is certainly not a straightforward issue to manage and can result in costly claims if not handled correctly. We would urge all organisations to consider whether they are up to speed with these issues and to identify training needs. 

Please get in touch with our experienced employment team who can provide training and/or advice on these matters as and when they arise.

You may also benefit from speaking to our award-winning family team, which is recognised by The Times Best Law Firms and home to some of the most experienced and well-regarded fertility law specialists in the UK.

Get in touch with our experts today by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form.

This article contains a general overview of information only. It does not constitute and should not be relied upon as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.