Fertility Support Policy

Contents 

1. Introduction
2. Who is this policy guidance applicable to?
3. What is fertility treatment?
4. What do I need to understand regarding fertility treatment and employment law?
5. What are my responsibilities as an employee and a line manager?
6. What support is available for taking time off work for my, or my partner’s, fertility treatment/appointments?
7. What other support is available for those undergoing fertility treatment?
8. Where can I access further advice?
9. Code of Ethics

1. Introduction

1.1 This policy sets out our commitment to supporting those going through fertility treatment and outlines the support that is available. We understand the fertility treatment process can be emotionally stressful and physically demanding and that individuals may need support through this period and time off work to go to appointments (including accompanying their partners, surrogate, or co-parent). For individuals going through the fertility treatment process, we encourage you to speak to your manager as soon as you can so that they can assist with ensuring you have suitable support and to help make arrangements for any time away from work you may need.

2. Who is this policy guidance applicable to?

2.1 This guidance applies to all Police Officers and Police Staff, who are receiving fertility treatment themselves, or who are supporting a partner through the fertility treatment process.

2.2 We acknowledge the importance of using inclusive language and where possible we have used ‘gender neutral’ language in this policy. For the purposes of this policy 'partner' refers to the partner of the person undergoing treatment and includes same sex partners, intended parents and individuals who have a surrogate or co-parent undergoing treatment. 

3. What is fertility treatment?

3.1 Some individuals, for a range of reasons, need medical support to conceive a baby. The medical support provided is classified as fertility treatment.

3.2 When we talk about fertility treatment within this policy, we refer to medical interventions that support conception of a baby, such as invitro-fertilisation (IVF), intrauterine insemination (IUI) and other related procedures, including but not limited to:

• Scans or ultrasounds
• Egg collection
• Embryo transferral
• Vasectomy reversal
• Surgical sperm retrieval
• Administration of fertility related medications
• Surgical procedures to investigate and rectify causes of infertility, such as surgery on damaged fallopian tubes or the removal of cysts caused by endometriosis.

3.3 During IVF, an egg is fertilised outside of the individual’s body and then the embryo (fertilised egg) is returned to the womb to develop.

3.4 IUI is a process of artificial insemination, where sperm is inserted into the individual’s womb and left to fertilise the eggs naturally.

3.5 Further information on infertility and fertility treatments can be found at https://www.nhs.uk/conditions/infertility/

4. What do I need to understand regarding fertility treatment and employment law?

4.1 The Equality Act 2010 provides protection rights against discrimination, unfair dismissal and unfair treatment on the grounds of pregnancy.

4.2 In IVF treatment, from the point of embryo implantation (also referred to as embryo transfer), individuals are deemed to be pregnant and therefore also protected under the Equality Act 2010. A pregnancy test is usually taken 2 weeks after implantation/transfer to confirm if pregnancy has occurred.

• If the IVF treatment is successful and the individual remains pregnant, they will be protected against discrimination on the grounds of pregnancy until the end of the maternity leave period.
• If the treatment is unsuccessful, the protection will end two weeks after the end of the pregnancy (i.e. two weeks after the date of the negative pregnancy test).

4.3 Individuals who have had IUI treatment are deemed pregnant and protected under the Equality Act 2010 from the date of receiving a positive pregnancy test.

4.4 Individuals that become pregnant through any form of fertility treatment, have all the same pregnancy and maternity rights as non-fertility treatment supported pregnancies. Please refer to the policies for Maternity Leave – Police Staff and Maternity Leave – Police Officers for further information.

4.5 From the point of being deemed pregnant, individuals are entitled to reasonable paid time off for any antenatal care needed (including further appointments in relation to fertility treatment) and any illness determined as resulting from the pregnancy will be marked as pregnancy related and will not count toward sickness absence trigger points.

5. What are my responsibilities as an employee and a line manager?

5.1 Individuals are not required to disclose to their line manager if they, or their partner, are undergoing fertility treatment but are encouraged to do so in order to help ensure appropriate support can be provided. Line managers will respect the confidentiality of any information provided to them in this regard.

5.2 Individuals are encouraged to discuss with their line manager any known needs for time away from work relating to their, or their partner’s, fertility treatment as soon as they are known. This will help line managers and the other members of the team to plan work and other leave arrangements.

5.3 Where feasible, individuals should try to arrange fertility treatment appointments outside of their working hours or at times that will cause the minimum amount of disturbance to their working day (i.e., at the start or end of their day / shift). Where this is not possible, the support options detailed within Section 6 below are available to be used to allow for the time needed.

5.4 Individuals should advise their manager once embryo implantation/transfer has been completed (IVF), or once a positive pregnancy test has been received (IUI or any other forms of fertility treatment). This is due to the legal protections against discrimination on the grounds of pregnancy that then apply from this point and also to ensure any sickness absence that may occur due to the pregnancy can be recorded as ‘pregnancy related’.

5.5 Where a manager knows that an individual, or their partner, are undergoing fertility treatment, they should inform the individual about the support options offered by the Force and encourage them to access and utilise the support available. Details of support options available are referenced within the following Sections 6 and 7 below.

5.6 Managers should work openly with individuals undergoing treatment to provide any support and flexibility needed to enable their fertility treatment to take place and to support welfare. Where certain support options are unable to be accommodated, clarification for the reasons why should be provided back to the individual and further discussion should take place as to suitable alternative solutions.

5.7 Once a manager is made aware that an individual is about to start / is undergoing fertility treatment, then a Fertility Treatment Risk Assessment needs to be completed. This should be reviewed on a regular basis to ensure it is kept up to date and is reflective of changing considerations throughout the fertility treatment process. Once an individual is deemed pregnant, a New and Expectant Birth Parents Risk Assessment is required to be completed in replacement of the Fertility Treatment Risk Assessment.

5.8 When completing the Fertility Treatment risk assessment, any potential physical, emotional and mental health risk factors of the individual’s role in respect of their fertility treatment process need to be considered and discussed/agreed with the individual. As an outcome of the risk assessment, short-term adjustments might be required to be implemented to reduce, or mitigate for, the impacts of any risk factors. Such adjustments could include working from home, adaptations to uniform / permission to wear their own clothes or temporary removal from operational/confrontational duties. Such considerations are especially important after egg transfer and during the first 12 weeks of pregnancy as this is a highly delicate and emotionally stressful stage of the process. 

6. What support is available for taking time off work for my, or my partner’s, fertility treatment/appointments? 

6.1 Fertility Leave

6.1.1 Individuals who are undergoing fertility treatment, or who are supporting a partner through the fertility treatment process, may take up to 1 week of paid Fertility Leave (37 hours for Police Staff and 40 hours for Police Officers) in a rolling 12-month period for the purposes of receiving, recovering from or supporting a partner through fertility treatment.

6.1.2 Fertility Leave allowance is calculated on a pro-rata basis for part time workers.

6.1.3 Where more time is required, consideration may be given by the Superintendent / equivalent member of SLT for further paid time off.

6.1.4 The time can be taken to suit individual treatment plans e.g., as a single block, separate days, half days or hours.

6.1.5 It can be advisable to use Fertility Leave at times when a full day or a few days off work will be required, as we may be able to support providing time off for shorter periods in other ways, such as flexibility in shift start and finish times, flexitime or Time Off In Lieu, for example.

6.1.6 Requests for Fertility Leave should be submitted on a Fertility Leave Application Form, complete with supporting information (i.e. letter or appointment card etc.) and line manager authorisation, to people services for processing.

6.1.7 All applications will be reviewed and overseen by People Services who will ensure appropriate application of the policy. Senior People Advisors and People Services are available to provide further advice and guidance to both individuals and mangers where needed regarding fertility leave and the wider policy.

6.1.8 Fertility Leave will be recorded as ‘Special Leave’ in DMS.

6.1.9 Should additional time off be needed due to experiencing illness or negative side effects as an impact of treatment, then the normal sickness absence reporting process should be followed. Please refer to the following policies Absence Notification Process and Absence Management.

6.1.10 When illness occurs after the point of the individual being deemed pregnant and is an illness occurring due to pregnancy related reasons, the sickness will be classified as ‘pregnancy related’. Such absences will not count toward sickness absence trigger points.

6.1.11 Any time off needed after the point of the individual being deemed pregnant will not be required to be taken as fertility leave, or through any other forms of leave arrangements, as they form part of the right to reasonable paid time off for antenatal care.

6.2 Other support for time off

6.2.1 We offer a variety of support options, accommodating for both short and longer-term periods. Requests for support with time off will be considered on an individual basis. Whilst it is recognised that not all roles within the Force will be able to accommodate all the support options listed below, full consideration and efforts to facilitate these options should be made in respect of individuals in both operational and non-operational roles.  Line managers are responsible for agreeing and approving time off arrangements, however there may be times when additional authorisation from SLT is required.

6.3 Other short-term options for time off/flexibility to support treatment

1. Homeworking: Individuals may request to work wholly or partly from home during the requested support period.
2. Shift-swapping: Individuals may agree to rearrange shifts among themselves by swapping shifts with colleagues who perform the same type of work at different times of the day. Line manager agreement must be sought when arranging a shift swap.
3. Staggered hours: We can offer staggered hours where individuals adjust starting and finishing times temporarily during the requested time in need.
4. Flexitime: We can offer a flexible working hours scheme. Individuals must work certain core hours, but outside these hours they have some flexibility over the hours that they work. For example, you may be able to work extra hours and use these to take time off work. Policy is officially Police staff only, however can be applied temporally to Officers with SLTs discretion during support period).
5. Compressed hours: Individuals may request to work full-time hours over fewer working days during the temporary support period.
6. Annual Leave/Rest Days In Lieu/Time Off In Lieu or unpaid leave: Individuals can request to use other methods of leave during their requested support period.

6.4 Longer term options for time off/flexibility to support treatment 

1. Flexible working: Individuals have a right to request flexible working. For further information on flexible working requests, please refer to our Flexible Working Policy.
2. Part-time working: Individuals may request to perform their role on a part-time basis, by working shorter days or fewer days per week.
3. Staggered hours: We can offer staggered hours where individuals have different / adjusted start and finish times.
4. Compressed hours: Individuals may request to work full-time hours over fewer working days.
5. Change of role and / or work location: Individuals may request to move to an alternate role or request to work to from a different work location if this would be beneficial to supporting them through the fertility treatment period.

7. What other support is available for those undergoing fertility treatment?

7.1 Some further support options and facilities are detailed below that are available to provide assistance throughout the fertility treatment period. Line managers will also be willing to discuss any support individuals feel would benefit and the suggested support mechanisms and adjustments detailed below to explore if they would help in managing the balance between their fertility treatment and work:

• With support from their line manager, individuals may be informally permitted some degree of flexibility in their day to day working pattern to help facilitate the required treatment.
• Provision of access to a suitable, hygienic and private room at work in order to administer fertility medications and to be permitted the time required to complete this (which may need to be at a set time daily due to treatment plan requirements). Wellbeing Rooms may be considered for use for this purpose. Where there is no Wellbeing Room available on site, another suitable room should be identified. Or where possible time may be permitted to administer medications from home.
• Access to a personal use fridge for storing medications where this is required. The Wellbeing Team should be contacted with advance notice where there is need to arrange a fridge.
• Use of our independent and confidential Employee Assistance Programme which is free of charge to use and available to provide wellbeing support.
• Accessing the Force’s support network, Humberside Fertility Friends (HFF). HFF is a network of colleagues who can offer experience, support and guidance relating to fertility treatments, processes and also the policies and support available through the Force and external sources for those who have been through, are currently undergoing or are considering fertility treatment.
• Contacting one of the Force’s Peer Supporters. The Force’s team of trained volunteer Peer Supporters are available to provide an empathetic and supportive ear when help and guidance is needed. Whilst they are not counsellors, Peer Supporters are there to listen and to provide information and support, including signposting to other relevant help and further professional support if required. To arrange contact with a Peer Supporter, visit the Peer Supporters page on the People Portal or contact the Peer Support Co-ordinator via email.
• Accessing support from the Force’s Health and Wellbeing team. The Health and Wellbeing Team provides specialist support on all health matters affecting an individual’s work. They can be contacted by email. Further advice on the support the team and other related organisations can provide can be found on the Health, Safety and Wellbeing pages of the People Portal.

7.2 There are many charities and specialist support groups who offer support and information in relation to fertility and individual wellbeing. Here are some that you might find helpful:

• Fertility Network UK – the national charity for anyone who has ever experienced fertility problems.
• Fertility Friends – an online community dedicated to infertility and fertility support
• bica.net – the British Infertility Counselling Association which signposts to specialist fertility counsellors
• Surrogacy UK – a not for profit one stop shop for all information about surrogacy in the UK
• Human Fertilisation & Embryology Authority – a government body with lots of supporting information for everyone whatever their situation
• Tommy’s – pregnancy charity funding pioneering research to understand why pregnancy goes wrong. Tommy’s provides expert, midwife led advice for parents before, during and after pregnancy
• NHS – the NHS website provides information on infertility causes, diagnosis and fertility treatments.
• NICE – the National Institute for Health and Care Excellence provides details of advice, guidance and quality standards regarding fertility and fertility treatments.
• Hull and East Riding Fertility – local specialist fertility clinic who offer fertility treatments and support and are also involved in fertility research programmes.
• Samaritans – a charity that offers listening and support services to people in times of need.
• British Association for Counselling and Psychotherapy – a professional association for counsellors and psychotherapists in the UK. Provides support for locating an approved therapist in your area.
• Chasing Rainbows – a charity that aims to raise awareness and understanding of fertility, pregnancy loss and recurrent miscarriage and also offer face-to-face and virtual support forums.
• House of Light – a charity based in Hull offering peer support and one-to-one counselling in relation to the symptoms associated with perinatal mental health issues. 

8. Where can I access further advice?

8.1 After reading this policy if further advice or guidance is required, please contact People Services – Advice and Guidance.

9. Code of Ethics

9.1 The College of Policing launched the Code of Ethics and Code of Practice in January 2024, which applies to everyone in policing. The Ethical Policing Principles which form the Code of Ethics are Courage, Respect and Empathy, and Public Service. These principles aim to help people in policing do the right things, in the right way, for the right reasons. The principles should be observed and adhered to at all times and in line with this policy.