The right of partners to attend prenatal appointments Scotland solicitor

Since 1 October 2014, fathers and partners have had a legal right to take time off work to go with a pregnant woman to her antenatal appointments. The right was introduced by the Children and Families Act 2014 and applies in both Scotland and England.

Pregnant employees have their own, separate right to paid time off for antenatal care, which we explain in our guide to time off for antenatal care if you are pregnant at work.

Who can take the time off

The right applies to employees and qualifying agency workers who have a qualifying relationship with the pregnant woman or her expected child. That includes:

• the father of the expected child
• the pregnant woman’s husband, wife or civil partner
• her partner (of any sex) if they live together in an enduring family relationship
• intended parents in a surrogacy arrangement who expect to apply for a parental order and meet the other conditions

How much time off you can take

You can take time off to attend up to two antenatal appointments for each pregnancy. The time off is capped at six and a half hours per appointment, and that limit is meant to cover travel, waiting time and the appointment itself.

Your employer can agree to give you more time if it wishes, and you can also ask to use annual leave for further appointments.

Is the time off paid?

No. The legal right is to unpaid time off. Some employers choose to pay for it, and your contract or a workplace policy may give you a better entitlement, so it is worth checking your employment contract and staff handbook.

Do you need to have worked for your employer for a set time?

Employees have this right from their first day in the job. Agency workers have to complete a qualifying period first: they must have worked in the same role with the same hirer for at least 12 weeks.

What evidence can your employer ask for?

Your employer is entitled to ask you for a signed declaration stating:

• that you have a qualifying relationship with the pregnant woman or her expected child
• that you are taking the time off to accompany her to an antenatal appointment
• that the appointment was made on the advice of a registered medical practitioner, registered midwife or registered nurse
• the date and time of the appointment

Your employer cannot insist on seeing an appointment card or other medical documents, because those belong to the pregnant woman.

What if your employer refuses?

An employer must not unreasonably refuse a request for this time off. If it does, you can bring a claim in the employment tribunal. If the claim succeeds, the tribunal can award compensation of twice your hourly rate of pay for each hour of time off you would have taken.

You are also protected from being treated badly because you asked for or took this time off, for example being disciplined or overlooked for promotion. Dismissing an employee for this reason is automatically unfair, whatever their length of service. If that has happened to you, our unfair dismissal solicitors can explain your options.

Tribunal time limits are strict. Since October 2026, most employment tribunal claims must be brought within six months, and you will normally need to contact Acas for early conciliation before you can make a claim. Our guide to employment tribunal time limits explains how this works.

Related rights for new parents

The antenatal right sits alongside other family rights. From 6 April 2026, paternity leave and unpaid parental leave became day-one rights, so you no longer need 26 weeks’ service to take paternity leave. Adopters also have a right to time off for adoption appointments: the main adopter can take paid time off for up to five appointments, and the other adopter can take unpaid time off for up to two.

Employers also have duties towards the pregnant employee herself, including carrying out workplace risk assessments for pregnant women. You can read the government’s original announcement of the partners’ right on GOV.UK.

If your employer has refused time off or treated you unfairly because of a pregnancy in your family, book a free 30-minute consultation or call us on 0141 471 9166.