Inquiry report recommends paid leave and flexible work to support reproductive health

Last month, a report resulting from a Senate inquiry into issues related to menopause and perimenopause recommended the Government consider amending the National Employment Standards (NES) to ensure menopausal women can access the right to request flexible working arrangements, while also enshrining an entitlement to paid reproductive health leave in both the NES and the Modern Awards.

The 169-page report identifies that the Senate Community Affairs References Committee (the Committee) set out to “explore the multitude of issues related to perimenopause and menopause in Australia and consider measures to adequately support women during this phase of their lives”, having noted that “the level of awareness in the community is very low”, while the evidence demonstrated that “women do not always receive adequate support to manage their symptoms, both in the health system and in their workplaces”.

Among the 25 recommendations made in the report, the Committee recommended that:

• the Australian Government consider amendments to Section 65 of the Fair Work Act 2009, to ensure women can access flexible working arrangements during menopause;

• Australian workplaces develop perimenopause and menopause workplace policies in consultation with their employees; and

• the Australian Government task the Department of Employment and Workplace Relations (DEWR) to undertake further research on the impact and effectiveness of sexual and reproductive health leave where it has been implemented in Australia and overseas, while giving consideration to introducing paid gender-inclusive reproductive leave in the NES and Modern Awards.

Whilst the inquiry canvassed the notion of providing for an entitlement to menopause-specific leave, overall, submissions generally “advocated for workplace flexibility and adjustments rather than the introduction of menopause-specific leave”. Although access to paid gender-inclusive reproductive health leave would be considered beneficial, the report identifies a series of “reasonable adjustments” that might make a meaningful difference for employees experiencing perimenopause, from temperature regulation and ventilation, to allowing for longer or more frequent breaks, and better access to bathrooms.

The Coalition has restated it is opposed to the introduction of menopause-related leave, “either as a standalone provision or as part of broader reproductive leave”, and instead regards decisions about access to leave, “should rest with the private sector, which is in a better position to determine what measures are necessary to retain and motivate employees”.

Early evidence of existing reproductive health leave initiatives suggests “there is often lesser uptake than anticipated”, with the report highlighting the example of CBUS super fund (which provides 12 days a year of paid menopause and menstrual leave), where only 40 calendar days of menopause and menstrual leave were used over a three-year period, across a staff of more than 700.

Elsewhere, the HSU recently trumpeted the inclusion of 12 days paid reproductive leave within the enterprise agreement which will cover more than 1500 Victorian employees of disability services provider, Scope, with the leave being available to permanent employees who need time off work for “IVF, severe menstrual pain, endometriosis, vasectomies, menopause, gender-transitioning therapies and other health issues”. The HSU is advocating for legislative change to enshrine an entitlement to a “minimum” of 12 days paid reproductive health leave as a minimum standard nationally, as part of their Reproductive health leave, it’s only natural campaign.