Unions to begin push for paid ‘menstrual and menopausal leave’

Earlier in November, various unions began the process of surveying their members on what help women regard they need to participate in the workforce whilst balancing menopause, reproductive and menstrual-related symptoms, with the data intended to inform a national campaign due to launch in January 2023, seeking to introduce a paid entitlement to menstrual and menopausal leave for national-system employees.

The campaign, which will be supported by law firm Maurice Blackburn, will promote legislative reform suggestions to either the Fair Work Act 2009 or the Sex Discrimination Act 1984 (or both) and help to develop a model clause to utilise in enterprise bargaining.

Maurice Blackburn representative, Jessica Heron, has been quoted as saying that existing leave provisions available to national-system employees are insufficient, and that the most effective way of combating the current “unfairness”’ is to develop a “uniform legislative standard”, proposed to provide for “at least 12 extra [paid] days leave a year, or one day per month”. The leave would be accessible to employees experiencing “debilitating” menstrual or menopausal symptoms.

Globally, countries including Japan, Indonesia, South Korea, China and Taiwan have recognised menstrual leave entitlements; Spain announced earlier this year it will fund paid menstrual leave of three to five days a month; while the UK is considered a world-leader in menopause research and awareness. Closer to home, Australian businesses such as First Super and Modi Bodi already provide paid menstrual leave for employees whilst the Victorian Women’s Trust became one of the first Australian organisations to introduce a paid menstrual leave policy (which also extends to menopause) in 2017.

ES Subscribers will be kept informed of developments in this space though it can be expected that unions will start promoting the adoption of paid menstrual and menopausal leave policies, as was their approach historically with respect to paid family and domestic violence leave, before it was enshrined within the Fair Work Act 2009 as a minimum standard, to take effect next year (see related article).