The Fawcett Society (in collaboration with Totaljobs) has recently published guidance (the Guidance) for employers on navigating fertility issues in the workplace. In doing so, the Guidance considers the stigma associated with infertility and emphasises its effects on individuals in the workplace, while also spotlighting the difficulties encountered when trying to balance fertility treatment with work responsibilities. The Guidance also offers suggestions for employers on creating a more "fertility-friendly" workplace environment.

The impacts of infertility on the workforce

Before providing its recommendations, the Guidance delves into how infertility impacts workers and the overall workforce. For example, the Guidance states that 3.5 million people are affected by infertility in the UK every year and, in 2021, approximately 55,000 patients received in vitro fertilisation or donor insemination treatment at licensed fertility centres in the UK. Moreover, whilst the Guidance acknowledges that both women and men are affected by infertility, its research highlights that women experience the effects of infertility more profoundly. Research reveals that women are four times more likely to be subjected to unjust treatment following pregnancy loss than men. Further, women in low-income situations, single-parent households or from Black or underrepresented backgrounds are likely to experience additional disadvantages in such circumstances. The Guidance also emphasises the extent to which the difficulties associated with fertility treatment can affect an employee's career growth and overall wellbeing. Notably, 42% of individuals reported that fertility treatment hindered their career development and 56% sought emotional support through wellbeing programmes during their fertility treatment journey.

Although stressing the financial, emotional and physical toll fertility treatment has on individuals, the Guidance suggests that this is an opportunity for employers to differentiate themselves in the employment market by playing a positive and supportive role when their employees are undergoing fertility treatment and so reducing an avoidable loss of valuable talent from the workforce. The Guidance suggests there are additional benefits in becoming a "fertility-friendly" employer, namely:

• a more appealing and inclusive workplace for prospective talent;
• increasing retention and engagement, as well as improving overall health and wellbeing in the workplace; and
• improved productivity and more effective absence management.

How could employers foster a "fertility-friendly" workplace?

Considering the above, the Guidance offers some recommendations to help employers effectively manage the growing impact of fertility-related matters within the workplace:

• develop a comprehensive fertility policy which clearly outlines an employee's entitlements in respect of fertility support (which should be inclusive of both the person undergoing treatment and those who are supporting a partner or family member) and flexible leave (including an outline of the process for requesting fertility leave). The Guidance emphasises that it is often best practice to offer paid leave for fertility appointments, flexible working, mental health support and sickness leave;
• raise awareness amongst upper-level management of the effects of fertility issues in the workplace, along with appropriate training to enable them to effectively support their teams. The Guidance stresses the importance of managers feeling empowered to have "two-way supportive conversations" with their employees;
• encourage wellbeing within the organisation through mental health first aiders and counselling services, as well as encouraging anonymous feedback to create a safe space for employees, and continuously improve an employer's policies;
• include fertility-friendly benefits when advertising for vacancies to showcase an inclusive culture and widen the employer's recruitment of talent; and
• promote an inclusive culture by implementing wellbeing initiatives such as mentoring and support groups and ensuring that management is adequately trained to facilitate and promote open discussions about fertility within the workplace. The Guidance also suggests that employers celebrate Fertility Awareness Week and sign up to the Fertility Workplace Pledge (the Pledge) to demonstrate their commitment.

Navigating fertility at work: existing guidance

The Guidance follows on from guidance recently published by the Chartered Institute of Personnel and Development (CIPD), which we discussed in our blog "CIPD issues guidance on supporting employees experiencing fertility challenges". The CIPD's guidance sought to raise awareness of the impact of infertility in the workplace and provided a comprehensive discussion of recommended measures that employers could adopt to provide more support to their workers during fertility treatment. Similarly, we also saw the introduction of the Fertility Treatment (Employment Rights) Bill and the Pledge, both created by Nickie Aiken (MP for Cities of London and Westminster) last year. This is also discussed in our blog "Infertility: a workplace issue" which considers the various steps recommended by the Pledge that employers may wish to take to support their employees dealing with fertility challenges. Overall, the Guidance represents another step in addressing the complex and often overlooked issue of infertility. The Guidance offers comprehensive information to aid employers in creating more inclusive workplaces.

If you would like advice on how to support your employees who are facing difficulties with fertility, our experienced PRM team would be happy to assist.