With effect from 1 October 2014, an employee has the right to request unpaid time off to accompany their pregnant spouse or partner to attend an antenatal appointment.  The employee can accompany the woman to two antenatal appointments and can take up to 6.5 hours off work for each appointment.

Employees qualify for the right from the start of their employment.  However, the right only exists where the employee is in a “qualifying relationship” with the pregnant woman, by which is meant the employee:

• is the baby’s father;
• is the pregnant woman’s husband or civil partner;
• lives with the woman in an enduring family relationship and is not her relative;
• is one half of a same-sex couple who is to be treated as the baby’s other parent where the child was conceived by sperm donation; or
• will be the parent of a baby who is to be born to a surrogate mother.

The employer may put in place a formal procedure to handle requests for time off.  It is likely an employer will want to see proof that the employee is in a qualifying relationship and evidence of the antenatal booking.

An employer may only refuse an employee’s request if it is reasonable to do so.  An employee may bring a tribunal claim if their request for time off was unreasonably refused.  If the claim succeeds, the employee will receive compensation of twice their hourly rate of pay for the period of time they should have had off work.

Any employee who is subjected to a detriment or is dismissed as a result of exercising the right to time off to attend an antenatal appointment may bring a claim in respect of their treatment, such as for automatic unfair dismissal.