ABSTRACT

This chapter proposes a right to time off work to undergo ART treatments. Comparisons are drawn with work-family rights in the UK to determine whether any could either extend to those undergoing treatment or provide a framework for new rights to be introduced. Comparisons are also drawn with the US right to medical leave in the Family and Medical Leave Act 1993. Two options are considered, namely a specific right to paid time off work to undergo ART treatments or a more general right to flexible paid medical leave. A right for partners to accompany a woman undergoing treatment is also recommended. The challenges of undergoing treatment and the decisions of many to keep this private are acknowledged, suggesting that the right to medical leave may be more realistic in practice. However, this is presented as a starting point for recognising those undergoing ART treatments within the legal framework, with the possibility of more specific rights envisaged for the future.