A right to time off work to undergo ART treatments

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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.
Original languageEnglish
Title of host publicationAssisted reproduction, discrimination, and the law
Place of PublicationAbingdon
PublisherRoutledge
Chapter5
Pages103-119
Number of pages16
ISBN (Electronic)9780429465895
ISBN (Print)9781138610040
DOIs
Publication statusPublished - 8 Oct 2019

Publication series

NameRoutledge focus
PublisherRoutledge

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