Factsheet: Time Off for Antenatal Appointments

Who can take time off

Any of your employees or agency workers who have a qualifying relationship with a pregnant woman, or her expectant child, are entitled to unpaid time off work to accompany her to up to two antenatal appointments. These should last no more than 6 ½ hours for each appointment, and should cover your employee’s travelling, waiting and attendance. Any additional time can be taken as annual leave.

Your employees are entitled to this as a “day one” right.

Agency workers must have completed 12 weeks, carrying out the same sort of work in your company, with no breaks between their assignments.

Qualifying relationship means

• Your employee or worker is the pregnant woman’s husband or civil partner
• Your employee or worker lives with the woman in an enduring family relationship and is not a relative
• Your employee or worker is one of a same sex couple who is to be treated as the child’s other parent under the assisted reproduction provisions in the Human Fertilisation and Embryology Act 2008
• Your employee or worker is the potential applicant for a Parental Order in relation to a child who is expected to be born to a surrogate mother

Protection from detriment and dismissal

Any of your employees or agency workers taking time off to accompany a pregnant woman to an antenatal appointment are protected from being subject to any detriment. This includes any act, or deliberate failure to act, because they take leave to accompany their co- parent to antenatal appointments. This includes their right not to be unfairly dismissed.

To find out more about your rights at work, contact us today on 01273 609911, or email info@ms-solicitors.co.uk.