About this information
- This information outlines the statutory right to take time off to attend antenatal appointments. It applies to employees and agency workers. It does not apply to self-employed contractors.
- In relation to an agency worker, the rights set out in this information only apply to the worker once they have worked in the same role with the employer for at least 12 continuous weeks (which may include more than one assignment). For these purposes the employer will ignore any breaks due to holiday or other leave to which the employee is entitled, breaks due to workplace closure i.e. at Christmas or other time of the year, breaks due to industrial action, breaks of up to 28 weeks in cases of sickness or jury service, and breaks of up to six weeks for any other reason. The employer will treat breaks due to pregnancy or childbirth up to 26 weeks after birth, and any statutory maternity, paternity or adoption leave, as time worked.
Time off if the employee is pregnant
- If the employee is pregnant, they may take reasonable paid time off during working hours for antenatal appointments. This may include any relaxation or parenting classes that the employee’s doctor, midwife or health visitor has advised them to attend.]
- The employee should try to give the employer as much notice as possible of the appointment. The employer may ask the employee to provide the following, unless it is the first appointment:
- a certificate from the doctor, midwife or health visitor stating that the employee is pregnant; and
- an appointment card
Time off for accompanying a pregnant woman: eligibility
- An employee may take unpaid time off to accompany a pregnant woman to an antenatal appointment if they have a “qualifying relationship” with the woman or the child. This means that either
- they are the baby’s father;
- they are the pregnant woman’s spouse, civil partner or cohabiting partner or they are living with the pregnant woman in an enduring family relationship and she is not their daughter, granddaughter, sister or niece; or
- she has undergone assisted conception and at that time they were her wife or civil partner or gave the required legal notices to be treated in law as the second female parent; or
- they are one of the intended parents in a surrogacy arrangement and expect to obtain a parental order in respect of the child.
Time off for accompanying a pregnant woman: how to book time off
- The employee should try to give the employer as much notice of the appointment as possible. The employee must provide the employer with a signed statement providing the date and time of the appointment and confirming:
- that they meet one of the eligibility criteria noted above;
- that the purpose of the time off is to accompany the pregnant woman to an antenatal appointment; and
- that the appointment has been made on the advice of a registered medical practitioner, registered midwife or registered nurse.
Time off for accompanying a pregnant woman: amount of time off
- The employee may take time off to accompany a pregnant woman to up to two antenatal appointments in relation to each pregnancy.
- The employee must not take more than 6.5 hours off for each appointment, including travel and waiting time.
- Time off to attend these appointments is unpaid or paid, depending on the policy of the individual employer.
- Further time off for antenatal appointments is in the employer’s absolute discretion. Alternatively, if the employee wishes to take time off to attend further antenatal appointments they should request annual leave.
