Although not part of the Fair Work Act 2009, reproductive health leave is becoming part of workplace entitlement conversations for various industries across the country.
Currently there are no specific provisions in place for conditions such as menstrual and menopause health management, fertility treatments (IVF), and potential lifesaving screening for breast, prostate or bowel cancer.
To undergo these procedures, employees are only entitled to use sick, annual, or unpaid leave to treat or manage any reproductive health-related issue that may require absence from work.
Why are businesses considering paid reproductive health leave?
The call for reproductive health leave entitlement seeks to provide designated leave when needed to support the health and wellbeing of employees experiencing ongoing reproductive health challenges.
Fertility issues affect one in six Australian couples. Prostate cancer affects one in every six men. Endometriosis affects one in seven women. One in every 18 babies born in Australia is conceived through IVF.
When compared to other medical conditions, menopause, endometriosis, and the menstrual cycle have been under-researched. Resulting in significant gaps in understanding, diagnosis, and treatment options.
An increase in research aimed at addressing these gaps has highlighted the seriousness of these health issues and their effect on productivity.
Approximately 78 to 92 per cent of Australian women experience painful or bothersome periods, according to research by Jean Hailes for Women’s Health.
Community sector employees and public servants in Victoria and Queensland can already access this type of leave entitlement.
Queensland introduced 10 days of paid reproductive health leave entitlement for public sector employees on the 30 September 2024. On 19 August 2024, Victoria introduced 5 days paid reproductive health leave for Victorian public service employers and employees. This leave only accrues where an employee has fewer than 15 days of personal leave.
Do businesses have to include a paid reproductive health leave policy?
In an effort to attract and retain high performing employees, companies are investigating ways of including paid reproductive health leave as part of their employment package.
Reproductive health leave could include conditions such as:
- Menstruation that causes severe pain and discomfort.
- Endometriosis – affecting approximately 14% of women and girls.
- Perimenopause and menopause.
- Polycystic ovarian syndrome.
- In Vitro Fertilisation (IVF).
- Other assisted reproductive health services: vasectomy, hysterectomy, or termination.
The main purpose of introducing this type of leave is to offer support and reduce the stigma surrounding reproductive health, ensuring employees can manage their health without it impacting their careers.
Unless you as an employer voluntarily offer reproductive health leave to your employees you do not have to include it as part of your employment contracts or business policies.
How can Peninsula help?
The conversation about paid reproductive health leave, and period leave in particular, is becoming more common and open. This is expected to increase as more women step into managerial and leadership roles and have a greater understanding of these health challenges.
If your business is considering offering employees this type of leave, Peninsula can draft documentation to include reproductive health leave as an additional benefit for your employees tailored to your business.
For more information about creating a range of HR and WHS documentation for your business, contact our 24/7 advice line and speak with one of our experts.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.