More and more employers are introducing paid fertility leave and a fertility leave policy to their workforce. 给考虑采取类似措施的雇主, we explain the requirements for fertility leave and points to ponder when preparing a policy.
雇主是否需要为生育治疗提供休假?
There is no statutory right to provide staff with time off (paid or otherwise) for fertility or related treatment. 法定病假和工资也不太可能涵盖这种治疗, although employers may be able to exercise their discretion to allow company sick leave and pay to be used.
这是因为在很多情况下, 生育治疗将是微不足道的, 要求相关人员每次只需要几个小时或一两天. This itself is likely to cause issues with claiming statutory sick pay where there is a 3-day waiting period before any payments might be made.
There is also the issue of whether it can be said that the individual is genuinely incapacitated to be eligible to leave and pay under the statutory sick pay rules. Some employees may be capable of work although it should not be assumed that this will always be the case – the treatment itself can cause adverse effects as well as severely impact mental health which may well result in an employee being genuinely incapacitated.
另一种选择, 许多员工已经没有其他选择了, 是否利用假期来弥补缺勤治疗. 假期的目的是为雇员和工人提供喘息的机会. There is a question whether taking time off for fertility treatment could genuinely be considered as holiday and therefore whether it is appropriate for colleagues to be asked to use holiday in this way.
雇主应该提供休假吗?
In view of this, many employers are choosing to offer staff time off for fertility treatment. 事实上, employers may wish to think twice before refusing time off for fertility treatment as women who are refused the time off may be able to bring a claim for sex discrimination in the employment tribunal. 除了诉讼, refusing time off is also likely to create poor relations with affected employees which could impact turnover.
这段休假时间应该带薪吗?
带薪休假显然对员工有益. 他们会感到更多的支持, they won’t have to use their holiday and they won’t lose out on pay (which can be a significant factor if the individual is also funding their own treatment). 总之, 一个简单的支付手势就能帮助员工度过难关, 对于许多, 非常紧张的经历.
是的, there are associated costs to the employer though in reality this is unlikely to yield a huge uptake from employees so costs should at least be limited. The benefits for the employer will be in promoting a supportive culture and boosting employee loyalty.
实行生育假政策
无论是否付费, it will be useful to introduce a fertility leave policy in the workplace so that employees have clear guidance when they need it.
生育治疗本身是不可预测的，这使得制定一套政策变得棘手. 在决定什么最适合你的员工时，要考虑以下几点:
- How many days / hours of leave are allowed and will this be set or open to extension with discretion? There is no set formula for any individual – some may obtain a successful outcome after just a handful of appointments. 对其他人来说，这段旅程可能是漫长而复杂的. 你需要决定你准备给员工提供多少休假时间.
- 如果员工可以选择灵活的工作而不是请假, for example starting earlier or working later on days when they receive treatment in order to make up their hours, 然后解释这将如何运作，以及应该与谁达成一致.
- 雇员是否需要提供任何证据证明他们正在接受治疗? Employers may well want comfort that the policy will not be abused and ask for a letter which confirms the appointment or a letter from the GP to confirm the employee is undergoing treatment. Keep in mind that the contents of those letters could contain very sensitive personal information and should only be requested and stored if necessary and in line with your workforce data privacy notice.
- 请假需要提前多久通知? The nature of the treatment can mean that employees are required to attend last-minute appointments or scans in order to make sure that they don’t miss out on a critical step of the fertility cycle. 理想情况下，应该给予员工在最后一分钟提出要求的灵活性.
- 休假时间如何安排? Not everyone is comfortable in sharing their experience and may appreciate being able to simply book the time off discretely (not everyone will feel able to discuss it with their line manager).
- What additional support will be offered for employees to administer injections or take medication? Certain medication may need to be taken at very specific times of the day so consider whether employees may need to be excused from meetings or to step away from the phone and if this should be included as separate guidance for managers.
- Is the employee comfortable taking medication in the workplace (if necessary) or can you offer them the flexibility of working from home on a temporary basis whilst they need to take medication? This may also be useful for employees who have temperature-controlled drugs that need to be stored in the fridge until needed.
- 同时考虑政策是否需要订明其他具体事项，例如:
- Is the fertility leave just for medical appointments or can it also be used for counselling sessions?
- Will the company’s policy include permitted time off to accompany a partner to fertility treatment?
- 如果生育治疗失败，是否包括休养的时间?
另外, 这可能是一个非常情绪化和困难的经历, 所以说“good luck”或“令人兴奋的消息”可能不合适，即使本意是好的. 对于任何参与的同事, it might help to have some separate guidance on how to discuss fertility treatment with the individual involved and keep in mind that one size certainly does not fit all!
