Infertility is a challenge faced by a significant portion of the working population, with an estimated 9–15% of couples in the UK affected. Whilst often viewed as a private issue, fertility struggles can deeply impact professional life—affecting mental health, focus, and overall wellbeing. For industries like film and TV, where long hours, gig-based contracts, and unpredictable schedules are common, the lack of support can hit even harder.
This article explores the role of employers in supporting staff navigating fertility issues, including the unique challenges faced by freelancers, particularly within industries like film and television where traditional workplace support structures may not apply.
Infertility affects over 3.5 million people in the UK. Treatments such as IVF are time-consuming and emotionally draining, often requiring time off work. Many employees, particularly women, feel pressure to keep their struggles hidden, fearing career setbacks or stigma. This secrecy can lead to stress, burnout, and isolation—making a strong case for employers to step up and provide compassionate support.
Research shows that organisations offering strong support systems to employees going through personal challenges, including fertility-related issues, see higher employee satisfaction and loyalty. Additionally, a compassionate approach can reduce presenteeism, where employees are physically present but mentally distracted. Nearly 20% of individuals undergoing fertility treatment experience this, making proactive support a tangible benefit for both employee and employer.
The support offered doesn’t necessarily need to be costly to a business, and a number of flexible options are set out below:
Include fertility support in benefits packages—whether through paid time off, financial help for treatment, or counselling services. Even low-cost gestures like flexible leave options make a difference. If looking to introduce a fertility policy specifically, this should ideally include:
Defined time-off during different treatment stages.
Confidential procedures for requesting leave.
Clear links to flexible working policies and employee assistance programs.
Offer Flexible Working
Fertility treatment can often involve numerous appointments and recovery days. Remote working, compressed hours, or adjusted shifts (where relevant) could all assist workers. Realistically, this may not be an option for every industry, however flexibility is important and managers should consider the wider benefits in allowing this.
Train Managers & Foster Openness
Equip managers with guidance on sensitive topics. Promote a culture where employees can discuss fertility challenges without fear of judgement or disadvantage.
Provide Mental Health Resources
Offer access to counselling or mental health support—fertility struggles take a toll emotionally and psychologically.
Consider Paid Fertility Leave
While not a legal requirement, paid leave for fertility treatments is becoming more common. This would allow staff to focus on their health without risking financial instability or job security.
In the film and creative sectors—where freelance contracts are the norm, support is even more crucial. Typically, contractor often lack access to benefits like paid leave, or private healthcare, which may make it more difficult to balance things such as production schedules with fertility treatment. The fear of losing future work due to time off or disclosure of treatment plans is also a common concern, particularly in a competitive industry reliant on personal reputation and avail
While employment law protections around pregnancy and fertility treatment may not apply in the same way to contractors; production companies and hiring managers still have an opportunity, and arguably a responsibility, to foster a supportive and inclusive working environment. Steps that may help include:
Offer fertility-friendly contracts: Include flexible clauses around time off and scheduling for health-related needs.
Create access to shared health resources: Partner with unions or industry schemes to provide subsidised counselling or treatment support.
Normalise conversations: Host workshops or panels that address reproductive health openly within industry settings.
Include freelancers in policy discussions: Invite freelancers to contribute when shaping relevant health and well-being policies.
Signpost support: Share information about services like Fertility Network UK or sector-specific health initiatives.
In addition to taking steps to make their workplace a more inclusive place for those going through fertility treatments, employers should be particularly mindful of the following rights that employees will have, so that they are best prepared as a business:
Time off for Antenatal Appointments and Fertility Treatment
In the UK, employees (regardless of length of service) have a legal right to time off work for antenatal/ post-natal care and the right to request flexible working, but there is no statutory right to time off work for fertility treatment.
If an employer refuses time off for fertility treatment, an employee may be able to bring an Employment Tribunal claim for indirect sex discrimination.
Employers should treat medical appointments related to fertility in the same way as any other medical appointments (under an employee’s terms and conditions, and / or relevant workplace policy).
IVF
Women undergoing IVF are protected under sex discrimination law from the point of egg collection (follicular puncture) through to embryo implantation.
Once implantation occurs, pregnancy and maternity discrimination protections under the Equality Act 2010 apply throughout the pregnancy / “protected period.” This will last until the end of maternity leave or, if the pregnancy ends (for example if the implantation is unsuccessful), protections continue for two additional weeks after that point.
Importantly, unfair treatment linked to pregnancy, maternity, or breastfeeding may still be unlawful even outside this period if it relates back to decisions made during the protected timeframe or amounts to sex discrimination.
Employers need to be mindful of this if a member of staff explains they are going through IVF, but also be sensitive to the fact that this is a personal and private matter. It can be difficult to bring up the topic of when an embryo has been reintroduced, or when a cycle has been unsuccessful, to find out how the protection alters. It is advised to be as supportive as possible throughout the process.
At a time when infertility awareness is growing, employers have an opportunity to set a new standard in employee support and should remain mindful that the benefits go both ways. Being aware of the challenges around fertility and treatment is the first step for any employer in understanding how best to support those within your business.
Ultimately, employers should look to help employees however they can, whether that be through forward-facing policies, flexible working, or even just being open to talk to those individuals that need it most.
Written by Natasha Wyllie
Senior Solicitor
BTO Solicitors LLP
Note: Material on this platform is not legal advice but we’re here to point you in the right direction if needed.