The Law: Giving Female Employees Time Off After Having Their Eggs Frozen

In recent years, the conversation around fertility and women’s health has gained significant momentum, particularly in the workplace. As women increasingly pursue career advancements and education, egg freezing has emerged as a popular option for those wishing to delay starting a family. However, it simultaneously raises important questions and considerations regarding employment law and the rights of female employees who undergo such procedures. This blog aims to explore the laws and regulations that govern time off for female employees undergoing egg freezing in the UK, focusing on employee rights, employer responsibilities, and the broader implications for workplace culture.

Understanding Egg Freezing

Egg freezing, or oocyte cryopreservation, is a process where a woman’s eggs are extracted, frozen, and stored for future use. This technique provides women with the opportunity to delay childbearing for personal or professional reasons. As the success rates of IVF (in vitro fertilisation) treatments improve, many women opt for egg freezing to better align their reproductive plans with their career trajectories. Given these evolving attitudes toward family planning, it’s essential for employers to be aware of their obligations concerning time off for such medical procedures.

Employment Rights Related to Medical Procedures

Under UK employment law, employees have a variety of rights that affect their ability to take time off for medical reasons, including fertility treatments. The main legal frameworks that govern these matters include the Employment Rights Act 1996, the Equality Act 2010 and the Health and Safety at Work Act 1974.

1. Employment Rights Act 1996: This act provides employees with the right to take reasonable time off to deal with personal emergencies or urgent matters. While the act does not explicitly mention fertility treatments, it has been interpreted to encompass medical procedures and related recovery periods.

2. Equality Act 2010: Women undergoing egg freezing may be protected under this act, as it prohibits discrimination based on pregnancy and maternity, including the right to take time off for fertility-related medical procedures. Employers must ensure that they do not treat employees less favourably due to their decision to undertake egg freezing.

3. Health and Safety at Work Act 1974: This act requires employers to take all reasonable steps to safeguard the health and safety of their employees. Ensuring that employees can take leave for medical procedures, including egg freezing, aligns with promoting a supportive work environment.

Entitlement to Time Off

When it comes to time off for medical procedures, employees are generally entitled to take unpaid leave unless specific contractual arrangements provide otherwise. Employers should consider providing paid leave for employees undergoing egg freezing as a means of fostering loyalty and goodwill. Policies regarding time off should also reflect an understanding of the physical and emotional toll these procedures may entail.

It is crucial for companies to establish clear policies around fertility treatments, including egg freezing. These policies should detail the procedures involved, how to request time off, and the support available for employees before, during and after the process. Although egg freezing might not fall under maternity leave provisions, employers can approach the matter with sensitivity and flexibility, particularly in how they communicate and implement these policies.

Workplace Culture and Supportive Practices

Developing a workplace culture that acknowledges and supports employees’ reproductive health is essential for fostering an inclusive environment. Employers should consider providing the following:

1. Flexible Working Arrangements: Allowing employees to adjust their work hours or settings can significantly ease the burden associated with medical procedures.

2. Support Programs: Establishing an employee assistance programme (EAP) that provides access to counselling services can help employees navigate the emotional challenges of egg freezing.

3. Training for Managers: Providing training for managers on fertility issues, including egg freezing, can enhance understanding and promote supportive interactions with employees.

4. Open Dialogue: Encouraging open conversations about fertility and family planning can foster trust between employees and management, allowing for more straightforward discussions about time off and support needs.

Conclusion

As society continues to progress towards more inclusive workplace practices, understanding the legal frameworks governing employee rights around egg freezing is essential for employers. By creating supportive policies and fostering a culture that values reproductive health, employers can help alleviate the anxiety associated with fertility treatments, demonstrating their commitment to the well-being of their employees.

In summary, while there are legal obligations under UK employment law regarding time off for female employees undergoing egg freezing, the true measure of an employer’s commitment to their staff lies in their proactive approach to creating an environment that values work-life balance, supports reproductive choices and promotes a healthy dialogue around these important issues. By prioritising the needs of employees navigating fertility treatments, companies can enhance employee engagement and retention, ultimately benefiting both the workforce and the organisation as a whole.

At Alexander JLO we have decades of experience of dealing with all aspects of employment and business law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button  and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 1st January 2026 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading employment lawyers and is a member of The Employment Lawyers Association. His profile on the independent Review Solicitor website can be found Here