IVF and work: what French law guarantees you, and what it doesn’t say

This article outlines French employment law. It does not constitute legal advice: for an individual situation or a dispute, consult an employment lawyer or a staff representative.

Authorisation for absence

The Labour Code stipulates that a female employee is entitled to authorised leave for medical procedures necessary for medically assisted reproduction. Such absences do not result in any reduction in pay and are treated as actual working time for the purposes of paid annual leave and length of service.

An employed partner — whether a spouse, civil partner or cohabiting partner — is entitled to authorised leave to attend a maximum of three of these medical procedures. This is a little-known right that is rarely exercised.

In practice, the employer may request proof of attendance, but not medical details. You are not required to specify the nature of the treatment.

Protection against discrimination

The Labour Code prohibits any discriminatory action — recruitment, transfer, disciplinary action or dismissal — based on the fact that an employee is receiving medically assisted reproduction treatment. The law places this protection on the same footing as that relating to pregnancy. If you come under pressure after informing your employer, it is not only unpleasant: it is illegal.

Should you tell your employer?

You are not obliged to. There are two strategies, and I’ve seen both work.

Saying nothing and managing appointments using holiday or time off in lieu protects your privacy, but it means you’ll have to use your own leave entitlement and can become difficult if the treatment is long-term or needs to be repeated.

Talking about it – either to your line manager or the HR department – entitles you to the rights mentioned above and allows you to plan ahead. There’s no need to go into detail: ‘I’m undergoing medical treatment that requires unpredictable early-morning appointments for a few weeks’ is sufficient. The occupational health doctor is also a point of contact, bound by medical confidentiality, who can adjust your working hours without revealing the reason.

Sick leave

There is no specific ‘IVF’ sick leave. Your GP or gynaecologist may prescribe standard sick leave if they deem it justified: fatigue linked to stimulation, hyperstimulation syndrome, after-effects of egg retrieval, or psychological distress. The egg retrieval itself generally warrants one or two days’ sick leave. Hyperstimulation may require more.

Contrary to popular belief, sick leave is not compulsory after an embryo transfer, and rest does not improve outcomes. Some women nevertheless prefer to take a few days off for personal reasons, which is perfectly legitimate.

The specific case of treatment abroad

This is where organisation matters most. The stay is short — two to four days for an embryo transfer — but the date can sometimes shift by a day or two, particularly in a natural cycle. Three tips to avoid most problems:

• Book your leave with a margin of one day on either side rather than just the strict minimum.
• Book changeable tickets. The extra cost is minimal compared to the stress of a date changing.
• Group French exams together on the same morning, at the start of the cycle, to minimise the number of absences. The list organised by day of the cycle is available here.

Note that legal authorisations for absence relate to assisted reproductive technology (ART) procedures, with the legislation making no distinction based on location. In practice, an employer is more likely to accept a certificate from a licensed clinic abroad if you have notified them in advance rather than after the event.

If you are self-employed or unemployed

Authorisations for absence do not apply. The issue then becomes purely organisational and financial: you must factor in the days for which you cannot charge into the overall budget for the course, in the same way as you would for flights. The article on costs details the expenses to anticipate.

Frequently asked questions

Source: https://fertilitegrece.com/en/blog/ivf-work-rights-leave/ — Triada Baloukoudis, IVF patient coordination in Greece. General information, not medical or legal advice. Printed on