A period of change: the states embracing paid reproductive leave

Although not yet enshrined in the Fair Work Act (Cth) 2009 (FW Act), menstrual leave is quickly becoming a hallmark feature of progressive workplace policies across the country. Public servants and community sector workers in both Queensland and Victoria now have access to this leave entitlement signalling a significant shift towards inclusivity and well-being in the workplace.

Here, our experts explore the paid menstrual leave entitlement and share what steps businesses should take to embrace this policy.

The data that tells the story

Historically, menopause, endometriosis, and the menstrual cycle have been under-researched compared to other medical conditions, resulting in significant gaps in understanding, diagnosis, and treatment. However, there has been a growing awareness and increase in research efforts aimed at addressing these gaps with recent studies highlighting the seriousness of the issue and its effect on equality and productivity.

• The Australian Institute of Superannuation Trustees has estimated that Australian women are collectively losing 7.4 years of earning opportunity equating to $15.2 billion in income and superannuation loss.

• Between 88 per cent to 92 per cent of women aged 18 to 25 experience painful periods, according to a 2021 Sydney Law Review study, and 40 per cent of all women surveyed have to take days off work or study to cope.
• Between seven to 11 per cent of women in Australia have a formal diagnosis of endometriosis, amounting to as many as 700,000 women.
• Painful menstruation that is not attributable to a well-defined pathology occurs in 45 per cent to 93 per cent of females.

Unpacking the legislation

Extension to sick leave in Victoria: Under a new collective agreement signed by the Victorian State Treasurer earlier this year, public and community sector workers coping with menstrual discomfort, menopausal symptoms, and IVF treatments will be eligible for an extra five days of paid leave. It’s important to note that these five days will extend the existing ten-day sick leave entitlement.

Reproductive health leave in Queensland: In June this year, the Miles Government announced that Queensland public services will receive 10 days of paid leave to access reproductive healthcare including IVF and fertility treatments, endometriosis care, and preventative screenings for breast and prostate cancer. It’s important to note that the 10 days of reproductive health leave will be an annual entitlement, and employees won’t be able to accumulate the leave.

What’s next? Is a paid menstrual leave policy something businesses have to introduce?

The short answer is no, not until if or when this becomes law. However, if you like the idea of introducing this type of policy, or something similar, our team at Citation HR can prepare a tailored policy that suits your business requirements.

From Spain to Japan: menstrual leave policies around the world

In February 2023, Spain became the first country in Europe to pass legislation entitling workers to paid menstrual leave, joining the likes of Japan, South Korea, Indonesia, Zambia, and Taiwan, which already have some menstrual leave entitlements.

While this legislation has progressed in these countries, here at home, the Australian Workers’ Union, the United Workers’ Union, the Transport Workers’ Union, the Rail, Tram, and Bus Union, and the Australian Workers’ Manufacturing Union spent 2022 working with a law firm planning a joint campaign to get menstrual leave built into the FW Act. What they’ve been seeking is a model clause to utilise in bargaining across various industries and together with a law firm, they’ve been calling for 12 extra days’ leave annually.

How can Citation HR help?

The menstrual leave conversation is heating up, and it is always best practice to anticipate change before it happens. Citation HR is fully equipped with policy templates, and our experts can tailor them to your organisation’s needs, making it easy to create, implement, and review key business documents. For more information about policy creation and implementation or advice regarding the process, please contact our 24/7 HR Advice Line.

If you’re not currently using Citation HR, why not start with a Workplace Compliance Consultation – our experts will complete a thorough evaluation of your HR that’ll uncover any hidden risks in your business before they become problems. Schedule a chat with our friendly team.