Time off work when your partner is pregnant

All partners, spouses and expectant non-birth parents who are employees have a legal right to unpaid time off work to accompany their spouse, partner or the woman who is carrying their child to up to two antenatal appointments.

In order to be eligible, the person taking the leave must be either the biological father of the child, the mother’s husband/civil partner, a person (of either sex) in a long-term relationship with her, or an intended parent in the case of surrogacy. The right applies whether the child is conceived naturally or through donor insemination.

There are situations where a pregnant woman’s husband or partner may not be the father of her child. In these cases, both the husband or partner and the child’s father may each have the right to take time off for antenatal appointments. However, it would be dependent on who the pregnant woman would want to attend. If she wishes for both her partner and the child’s father to attend, this is permitted.

Additionally, if a father is expecting children with more than one woman at the same time, he is allowed to take time off to accompany each mother, provided he is an employee or qualifies as an agency worker.

The right is available to employees from the start of employment and to agency workers who have worked in the same job for at least 12 weeks.

Time off may be taken on up to 2 occasions. For each occasion, a maximum of 6.5 hours off may be taken. The government guidance suggests that this amount of time will cover travelling time, waiting time and attendance at the appointment. Employers are free to offer more time off if they wish. Employees may consider using annual leave for further appointments.

The right is to unpaid time off, unlike the right to paid time off for antenatal care for pregnant women.

An employer can ask for a declaration beforehand, but is not entitled to require evidence of the antenatal appointment. The declaration can be given electronically (see below for a sample).

However, an employee or agency worker cannot be dismissed or subjected to any detriment (such as victimisation, being denied promotions or other disadvantages) for taking or asking for unpaid time off to accompany their spouse, partner, or the parent of their child to antenatal appointments. If an employer unreasonably refuses this time off or treats the employee unfairly, the employee can file a complaint with the Employment Tribunal within three months less a day of the act complained about. The Tribunal can issue a declaration and award compensation equivalent to twice the amount that the employee would have been paid had the time off not been refused. If this happens to you, you should seek advice.

In addition, all partners/husbands/expectant fathers who are employees have the legal right to a reasonable amount of unpaid Time Off for Dependants if their “dependant” is ill, injured or gives birth. The definition of “dependant” can include your wife, partner, someone living with you as part of your family, and someone who reasonably relies on you for help. See our page on time off for dependants.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

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