The Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025 would amend the Fair Work Act 2009 to grant all employees an annual entitlement to 12 days of paid reproductive health leave and to allow requests for flexible work arrangements when experiencing perimenopause or menopause symptoms. It also amends the Workplace Gender Equality Instrument to require data collection on supports for menopausal employees.
From the explanatory memorandum: The Bill amends the Fair Work Act 2009 by inserting a new Subdivision (sections 106F–106J) into Part 2-2 to grant full-time, part-time and casual employees 12 days of paid reproductive health leave per 12-month period at full pay. The leave covers a broad range of reproductive health needs—including menstruation, perimenopause, menopause, chronic conditions (e.g. endometriosis), fertility treatments, terminations, vasectomies and preventative screenings—and does not accumulate year to year. The Bill also amends section 65(1A) to add menopause and perimenopause symptoms as valid grounds for requesting flexible working arrangements, and updates sections 12, 98 and 107(3) to define the new leave, clarify its interaction with personal/carer’s leave, and align notice and evidence requirements. Transitional provisions allow the Fair Work Commission to vary existing enterprise agreements that offer less favourable entitlements. Additionally, the Bill amends the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 to require employers to report on policies and support usage for employees experiencing menopause and perimenopause in reporting periods starting after commencement.
Access to paid reproductive health leave removes a significant barrier to workforce participation for those experiencing menstrual, perimenopausal or other reproductive health issues. By guaranteeing 12 days of paid leave at full pay, the Bill promotes financial security, reduces the gender pay gap and helps employees remain at work rather than exiting the labour force prematurely [Judgment].
Allowing flexible work requests for menopause and perimenopause symptoms recognises a natural life stage and enables reasonable adjustments without stigma, advancing equality of opportunity in employment. Mandatory data collection under the Workplace Gender Equality Instrument will build an evidence base on best practice supports and drive continuous improvement in workplace policies.
Overall, the reforms align with international obligations to eliminate discrimination against women in employment, enhance workplace inclusivity and support long-term career continuity for all employees facing reproductive health challenges.
Even if reproductive health leave is a worthwhile goal, mandating 12 days of paid leave for all employees places a significant cost burden on employers—particularly small and medium-sized businesses—without clear evidence on its economic impact or on how often the full entitlement will be used [Judgment].
Employers already provide a range of personal and carer’s leave entitlements; adding a separate paid leave category risks administrative complexity, potential overlap with existing entitlements, and opens avenues for abuse or gaming of the system. This could discourage hiring or result in higher prices for consumers as businesses offset increased labour costs [Judgment].
Moreover, government-mandated leave regimes can stifle flexible workplace innovation by imposing uniform rules that may not suit all industries or workforce structures. A better approach would be to support employer-led, market-driven solutions and allow businesses to tailor reproductive health supports to their operational needs.
2025-03-26
Senate
Before Senate
WATERS, Sen Larissa
Unspecified
Labour, Discrimination / Human Rights, Social Support / Welfare, Civics, Democratic Institutions, Healthcare