Fertility and IVF leave in Ireland
Reviewed by Mellow Editorial Team, HR & payroll content team
Fertility and IVF treatment is time-consuming, physically demanding and emotionally draining. Ireland has no statutory right to paid fertility leave, but employers have real options for supporting staff through treatment — and good reasons to use them.
What the law currently says
There is no standalone statutory entitlement to fertility or IVF leave in Ireland at the time of writing. Unlike sick leave, maternity leave or the recently introduced right to request flexible working, fertility treatment has not yet been given its own legislative footing in Irish employment law.
That said, employees are not entirely without protection. Relevant existing rights include:
- Sick leave. Under the Sick Leave Act 2022, employees can use statutory sick leave for treatment-related illness or side effects, subject to the usual rules and a medical certificate.
- Annual leave. Employees can use their statutory 4 working weeks of annual leave, or any additional contractual leave, for appointments.
- Safe and respectful workplace obligations. Employers have a duty of care and must not discriminate on grounds of family status or gender, which can be relevant where fertility treatment is involved.
- Privacy. An employee has no obligation to disclose that they are undergoing fertility treatment. Pressuring someone to disclose, or treating them less favourably because of it, carries legal risk under equality legislation.
Why a clear policy makes sense
Leaving fertility leave entirely to ad hoc arrangements creates inconsistency and puts managers in an uncomfortable position. A written policy removes guesswork.
Even a short, straightforward policy signals to employees that the company handles this with maturity. It also protects the employer — if one employee is given paid time off for IVF and another is refused, you are exposed to a complaint of inconsistent treatment.
A policy does not need to be elaborate. It needs to be clear, applied consistently, and proportionate to the size and resources of the business.
What a fertility leave policy might include
There is no one-size-fits-all approach, but most employer policies in this area address the following:
Scope. Who the policy covers — typically any employee undergoing fertility treatment themselves, and often a partner or supporting person attending key appointments.
Entitlement. How much time is available. Some employers offer a set number of paid days per treatment cycle (commonly between 3 and 10 days). Others allow paid time for medical appointments only, with the employee using annual leave or unpaid leave for recovery. Being specific avoids ambiguity.
Pay. Whether the leave is paid at full basic pay, reduced pay, or unpaid. Many smaller employers start with full pay for appointments and unpaid leave for additional recovery days — a reasonable middle ground.
Evidence. Whether a medical appointment letter or certificate is required. Most policies ask for some confirmation to protect the policy from misuse, but this should be handled sensitively given the private nature of treatment.
Confidentiality. A clear statement that any disclosure is voluntary and that information will be treated as strictly confidential. This is important — employees are more likely to use a policy if they trust it will not affect how colleagues or managers perceive them.
Cycles. Whether there is a limit per cycle, per year or over the course of employment. This helps with workforce planning and prevents an open-ended commitment.
Practical steps for managers
Even with a policy in place, day-to-day management matters. Treatment schedules are often unpredictable — appointments may be called at short notice depending on where someone is in their cycle. Managers should understand this going in.
Some practical points:
- Train line managers so they know what the policy says and how to respond to a disclosure with sensitivity.
- Avoid asking intrusive questions. "What stage are you at?" or "How many rounds have you tried?" are not appropriate in a work context.
- Consider flexible working arrangements — later starts, remote working on certain days — as a complement to formal leave. These cost nothing and can make a significant difference.
- Document conversations and decisions consistently, just as you would for any other type of leave.
- Remember that failed treatment can result in grief. An employee may need support beyond the leave itself, and access to an Employee Assistance Programme (EAP) is worth highlighting.
Payroll and administration
From a payroll perspective, paid fertility leave is treated the same as any other paid leave. It is subject to income tax, USC and PRSI in the normal way. Employer PRSI at 11.15% applies to the payment. The leave is reported through the normal real-time payroll submission to Revenue via ROS on or before the relevant payday — no separate reporting category is required.
If the leave is unpaid, payroll simply reflects the reduced gross pay for that period. No special coding is needed, but it is worth noting the reason internally in case of any future queries about gaps or anomalies.
---
Run HR and payroll in Ireland with Mellow
Mellow brings HR, payroll and 12 AI agents into one platform — built to handle Ireland properly, with payroll included, from £4 per employee per month. The AI agents don't just answer questions; they generate contracts, run cost estimates and draft letters for you.
[Start a free trial →](/register)