# time off for male partner for ivf



## strawbs (May 16, 2005)

Hi-not sure if you can help me but would appreciate some advice if you could.

I know this has been asked with regards to the female patient, however, my partner has taken a bit of time off for our last ivf.  He had the whole day off for EC and a couple of half days one for a scan and one for half day after ET.  This he booked as annual leave.  We are about to start again and obviously he will need time off again.  He has nowhere in his contract about sick leave-he thinks it might say at the directors discretion (small company, he is fairly friendly with his bosses).  However he only has 3 days of annual leave left.

My partner works almost 11 hours every day (only should be 40hr week but he is very dedicated), his boss has been through IVF many times resulting finally in 2 children, dh has only had one day off sick in 5 years.

Would he be entitled to some time off for our next ivf?  Should he just phone in sick? is there anything he can do human rights wise to put pressure on to allow him to have time off or will it be that he will be expected to take the remainder of his leave?

We are torn as to what to do really.

I run my own company so time off although difficult to organise is not an issue, I just take it.

Many thanks
Strawbs xx


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## NatGamble (Mar 1, 2007)

Hi Strawbs

Juggling IVF with work is just such a nightmare!  Louise will be able to answer as to what your husband's legal position is, and the most pragmatic way of dealing with it.

Natalie


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## Louise Gibson (Mar 10, 2007)

Hi Strawbs

Thank you for posting your query.  The answer to your question is the same as recently posted in relation to a female patient which is as follows: there are no specific laws on whether an employee is entitled to take time off for fertility treatment as annual leave or sick pay. It will depend on the employer and your employment contract as to whether you will be allowed to take the time off for treatment as sick leave, holiday leave or unpaid leave. All employers are different and some might allow the time to be taken as authorised sickness absence or compassionate leave, whilst others might offer unpaid leave.  

Any policy that your partner's employer has should not be discriminatory to either sex. For example the provisions should be the same for both men and women; if they allow time off for female employees, they should also do the same for male employees.  

I suggest you double check your partner's employment contract and, if appropriate, staff handbook to see whether the company does make any provisions at all in this situation.  If the documents are silent on the issue then you could approach your employer, who may be sympathetic to the situation. If they will not allow the time off for paid leave this year, you could always go back to them to see whether they will contemplate your partner taking time out of next year's allowance (which would probably only be allowed if his holiday entitlement is above the statutory minimum of 4 weeks, which is increasing in October to 4.8 weeks) or if your partner works long hours perhaps he can agree to make up some of the time (which it sounds as though he would do anyway). 

Unfortunately I do not think the human rights argument or any other will be of much help to your partner, and obviously putting pressure on the employer might cause unintended animosity.  Being open and honest with employers is always a good idea, however you will have to judge the situation. 

Best wishes for your situation, 

Kind regards

Louise Gibson
[email protected]


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