Introduce 12 Days of Paid Menstrual Leave in Australia

Author: Devini Raj Kumar | Publish date: 07/09/2024

Problem Identification: 

In Australia, people who menstruate often lack sufficient paid leave to cover instances of severe pain, causing them to have no paid leave left when they are otherwise ill.

In 2022, the Australian Workers’ Union (AWU) Queensland State Secretary said, ‘10 days personal leave per year and the current flexibility arrangements under the Fair Work Act are insufficient in recognising the health concerns women face.’

Individuals experiencing ‘often debilitating’ menstrual pain may exhaust their paid leave, leaving them to face a stark dilemma; either continue working while enduring significant pain, thereby jeopardising job performance, or opt for unpaid leave, resulting in an inequitable financial burden. 

Context: 

The Fair Work Act 2009 (the Act) outlines employment terms and conditions, and defines the rights and responsibilities of employees and employers. In accordance with the Act, employees can take up to 10 days of paid sick leave for a personal illness or injury.  Some enterprise agreements allow for employees to receive more than 10 days of paid sick leave. However, there is currently no federally mandated requirement for menstrual leave. 

In 2022, the AWU, the United Workers' Union, the Transport Workers' Union, the Rail, Tram and Bus Union, and the Australian Manufacturing Workers’ Union proposed an amendment to the Act, to provide 12 additional days of paid leave annually to employees with menstrual-related pain. They argued that people experiencing severe menstrual pain often hide their pain for fear that disclosing symptoms, or requesting flexible work, will lead to negative perceptions of them within the workplace. Additional days of paid menstrual leave can help destigmatise menstrual health.

Variations of this proposal have been tested both domestically and internationally. In 2017, the Victorian Women’s Trust became the first organisation in the country to introduce 12 days of paid menstrual leave. They were followed by a Sydney-based underwear company, Modibodi, and a retail super fund, Future Super. In April 2024, the Victorian Government agreed to an additional 5 days of paid menstrual and reproductive leave, for public and community sector employees. Internationally, Indonesia allows employees to take up to 2 days of paid leave when they are menstruating each month, or up to 24 days a year. 

Organisations that have adopted versions of this policy have positively experienced increased employee productivity, with one company recording a 33% increase in female engagement.

Solution Identification: 

Amend Division 7 of the Fair Work Act 2009 to include 12 extra days annually of paid menstrual leave for employees with menstrual-related pain.

This could allow employees with menstrual-related pain to manage their symptoms without any financial penalty.

Advice:

The Minister for Employment and Workplace Relations should amend Division 7 of the Fair Work Act 2009 to include 12 extra days annually of paid menstrual leave at the next opportunity.

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Public Support: 

1. Australian Workers’ Union

2. United Workers’ Union

3. Transport Workers’ Union

4. Rail, Tram and Bus Union

5. Australian Manufacturing Workers’ Union

Where to go to learn more: 

1. Nelson, S. (2021, May 4). Modibodi launches menstrual, menopause & miscarriage paid leave. Modibodi. https://www.modibodi.com/blogs/womens/modibodi-launches-menstrual-menopause-miscarriage-leave 

2. Prasser, K. (2021, February 12). A bloody good policy. Future Super. https://www.futuresuper.com.au/blog/post/a-bloody-good-policy  

3. Victorian Women’s Trust (n.d.) Menstrual and Menopause Wellbeing Policy. https://www.vwt.org.au/menstrual-and-menopause-wellbeing-policy/ 

Human Perspective:

‘Jane’, 23-years-old, recounts her experience during her menstrual cycles. ‘The pain gets so intense that I struggle to think, sit, or even breathe. Whenever I try to concentrate on a task at work, I would often end up in tears from having to endure the pain. I also get extremely nauseous and feel debilitated when I’m on my period. On one occasion, it was so severe that I was almost hospitalised. I often end up using all of my sick and personal leave and this adds a lot of pressure on me. My burden will ease if I’m able to take paid leave to manage my menstrual symptoms.’

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement: 

N/a.

Support 

If your organisation would like to add your support to this paper, or suggest amendments, please email Info@foreaustralia.com. 

Reference list: 

Fair Work Act 2009 (Aus).

Fair Work Ombudsman. (n.d.). Sick and carer's leave. https://www.fairwork.gov.au/leave/sick-and-carers-leave#paid-sick-leave 

Huggett, C., Chea, P., Head, A., Suttor, H., Yamakoshi, B., & Hennegan, J. (2023, May). Menstrual Health in East Asia and the Pacific Regional Progress Review: Indonesia. UNICEF (United Nations Children's Fund), Burnet Institute & WaterAid. https://www.unicef.org/eap/media/13911/file/Indonesia-%20Country%20Profile.pdf 

Jackson, B. (2024, April 9). Victoria's public servants offered $5600 cost of living payment, better women's health. news.com.au. https://www.news.com.au/national/victoria/news/victorias-public-servants-offered-5600-cost-of-living-payment-better-womens-health/news-story/69f6173da44ae35c56c5e8e5f1d700d9 

Kolovos, B. (2023, March 8). 'Keep working like nothing is wrong': women make the case for paid menstruation leave. The Guardian. https://www.theguardian.com/australia-news/2023/mar/08/keep-working-like-nothing-is-wrong-women-make-the-case-for-paid-menstruation-leave 

Maurice Blackburn Lawyers. (2022, November 22). Unions in ground-breaking push to secure menstrual and menopause leave. https://www.mauriceblackburn.com.au/media-centre/media-statements/2022/unions-push-to-secure-menstrual-and-menopause-leave/ 

National Archives of Australia. (2024, April 16). Enterprise Agreement 2024-2027, Section 6: Leave. https://www.naa.gov.au/about-us/employment/salary-benefits-and-conditions/enterprise-agreement-2024-2027-section-6-leave  

Scanlan, R. (2024, March 6). ‘Why half of Australia needs an additional 12 days of paid leave’. news.com.au. https://www.news.com.au/lifestyle/health/health-problems/why-half-of-australia-needs-an-additional-12-days-of-paid-leave/news-story/7ee4852cde25a4c07d14196c922f7ad5  

Walker, L. (2022, November 24). ‘There are calls for menstrual and menopause leave to be included in the Fair Work Act, but what is it and how would it work?’. ABC News. https://www.abc.net.au/news/2022-11-24/menstrual-and-menopause-leave-explained/101682538