Although there is no standalone statutory right to time off for fertility treatment, employees do have some related employment rights.
Employment rights for employees who are undergoing fertility treatment can depend on the stage that the treatment has reached. They may be entitled to time off for antenatal appointments and may be protected from pregnancy discrimination. An FAQ in this month’s top 10 looks at the law relating to this area and recommends that employers set out their own policies, clarifying entitlement to time off.
A question on holiday pay for term-time workers, dealing with last year’s Supreme Court decision in Harpur Trust v Brazel, continues to be popular. The government is consulting on changes to the legislation as a result of this case; so this is an area to keep an eye on.
Other popular FAQs deal with the Retained EU Law (Revocation and Reform) Act 2023, which received Royal Assent at the end of the month, grievances, sickness absence and gross misconduct.
The top 10 HR questions in June 2023:
1. How should an employer calculate a term-time worker’s paid holiday?
2. Is an employer required to deal with a grievance raised by an ex-employee?
3. What is the potential impact of the Retained EU Law (Revocation and Reform) Act 2023 on HR?
4. Do employees have a statutory right to time off for fertility treatment?
7. Can an employee take annual leave while on long-term sickness absence?
8. Can an employer lawfully dismiss an employee whose absence is not authorised?
9. Can an employee be required to take their outstanding annual leave while on garden leave?
10. In a redundancy situation, how should an employer select which employees to make redundant?
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