(Cth) Guarantee 12 Days of Reproductive Health Leave Annually

Inge Hogan & Genevieve Lancaster
Jul 16
9 min read

Updated: Jul 17

Author: Inge Hogan & Genevieve Lancaster | Publish date: 17/7/2026

P: In Australia, there is no dedicated leave entitlement for reproductive health experiences.
S: The Minister for Employment and Workplace Relations should amend Division 7 of the Fair Work Act 2009 (Cth) to guarantee 12 days of paid reproductive health leave annually for employees to treat or manage reproductive health needs, in addition to the 10-day entitlement guaranteed under Personal/Carer’s Leave.
E: Health Services Union (HSU): ‘advocating for a minimum of 12 days paid leave for reproductive health issues, covering severe menstrual pain, vasectomies, menopause, gender transitioning therapies and more.’

Problem Identification:

Division 7 of the Fair Work Act 2009 (Cth) states that an employee may take paid Personal/Carer’s leave ‘because the employee is not fit for work because of a personal illness, or personal injury, affecting the employee’. However, this definition does not capture reproductive health conditions.

According to researchers from Western Sydney University, employees cannot legitimately use Personal/Carer’s Leave for reproductive health treatments, as they ‘are neither “ill” nor “injured”.’ Further, the Health Services Union (HSU) National Senior Assistant Secretary Kate Marshall stated that this means that ‘so many people, mainly women, use up all their leave to look after their reproductive health.’

Context:

According to the Bankwest Curtin Economic Centre (BCEC), Reproductive Health Leave (RHL) refers to ‘a workplace entitlement that provides workers with several paid days specifically allocated to treat and manage reproductive health conditions or procedures.’ The BCEC stated that this ‘include[s] intense menstrual pain, endometriosis, vasectomies and hysterectomies, intense menopause and perimenopause symptoms, in-vitro fertilisation (IVF), miscarriages and terminations.’

According to the ACTU, as no national standard exists, the availability of reproductive leave is currently at an employer’s discretion.

Presenteeism refers to ‘the loss in productivity experienced by people who, despite suffering from … reproductive health symptoms, decide to still go to work’.

Arguments:

The HSU highlighted that ‘women are eating into their annual or sick leave … taking leave without pay, or … going to work … gritting and bearing it [as] they have no other choice.’ The BCEC stated that ‘of all people who did not take leave despite … their reproductive health condition, 65 per cent did so as a result of their lack of leave and not out of choice.’ According to Unions NSW, 49% of workers delayed medical care ‘due to a lack of reproductive leave … [and] delayed receiving medical treatment for reproductive issues due to an inability to take leave from work.’ HSU Senior National Industrial Officer Louise de Plater stated that ‘workers … shouldn’t be forced to take sick or annual leave, or come to work in pain.’ One Union member described having to use a ‘significant amount of sick and recreation leave’ due to an unexpected pregnancy loss because of an ectopic pregnancy, and another highlighted how they ‘suffered from endometriosis [with] pain levels … so bad that [they’d] pass out and throw up while working.’ Working Women’s Centre VIC stated ‘many workers use up all their sick leave or go without pay to manage [their pain].’

According to the BCEC, ‘the value of lost productivity due to reproductive health conditions’ currently costs the economy ‘$21.3 billion’ per year. The BCEC reported that intense menstrual pain, endometriosis, IVF and menopause have the heaviest burden on productivity loss, and that these conditions amount to 13 to 26 days lost annually per person due to presenteeism. According to Dr O’Shea and Dr Varua et al. (2026), an absence of leave provisions means that presenteeism places a heavier burden on productivity, stating that ‘presenteeism … account[s] for 46% of total productivity lost.’

The CEO of the Australian Chamber of Commerce and Industry, Andrew McKellar, stated that the introduction of reproductive leave may come with a cost to businesses. However, researchers from Western Sydney University stated that ‘not providing [RHL] entitlements is nearly 30 times more expensive than the leave entitlement itself.’ Moreover, the HSU reported that the introduction of 12 days of RHL would cost an ‘average of $3.6 billion to implement, but would save $1.88 billion for businesses directly.’

Advice/Solution Identification:

The HSU and the McKell Institute have all called for RHL including 12 days of reproductive health leave annually for employees. The BCEC report lead Dr Silvia Salazar stated that ‘paid reproductive health leave … will support workers affected by health challenges and bring far greater equity into the workforce, at a fraction of the cost employers are currently experiencing from lost productivity.’

Precedent:

There is a parallel domestic precedent for the introduction of reproductive leave. In QLD, public servants are entitled to 10 days of reproductive health leave annually. In VIC, public sector employees are entitled to 5 days paid leave for a reproductive health-related condition such as pregnancy, endometriosis, or menstruation if they have 15 days or fewer of personal leave accrued.

Public Support:

Health Services Union (HSU)
McKell Institute
Medical Scientists Association of Victoria (MSAV)

Broad support:

10 days:

Australian Nursing & Midwifery Federation (ANMF) - Have recommended a new right enshrined in the National Employment Standards, that being 10 days paid reproductive health leave for all national system employees.
Australian Council of Trade Unions (ACTU) - Have called for the amendment of the National Employment Standards to include 10 days of reproductive leave for all Australian workers through the ‘It’s For Every Body’ campaign. The ACTU have also called for reproductive health to be a reason that workers can request flexible work arrangements under the Fair Work Act.
Women’s Legal Services Australia - Have called for a new form of paid reproductive health leave entitlement of up to 10 days per year for all employees and also called for reproductive health to be added as an additional circumstance that supports a right to request flexible work arrangements.
Unions NSW - Have called for the inclusion of 10 days reproductive health leave alongside flexible working arrangements and workplace adjustments for employees experiencing reproductive health conditions.
Independent Education Union of Australia (IEU) - Have called for the inclusion of 10 days reproductive health leave in the National Employment Standards. The IEU have also called for reproductive health to be a reason that workers can request a flexible working arrangement under the Fair Work Act.

Other:

Working Women’s Centre Victoria (WWCV) - Have broadly supported the introduction of paid reproductive health leave to recognise reproductive health as a workplace issue and address the failure of workplaces to accommodate reproductive health needs. They have stated their alignment with the Australian Unions ‘It’s For Every Body’ campaign.
Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG) - Have broadly supported reproductive health leave through a clinical scope as a universal, protected entitlement. However, they have not explicitly called for a minimum amount of leave.
Women’s Health in the South East (WHISE) - Have called for universal access to reproductive health and its impact on workforce participation. They’ve broadly stated the need for greater support in managing reproductive health in the workplace.

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Guardian - “Reproductive leave could be a ‘gamechanger’ for Australian workers - how would it work?” The article reported that introducing 12 days of leave for all Australian workers would reduce the economic cost of not having this leave. By Stephanie Convery | Mon 13 Jan 2025 - Read the article here.
SBS - “The $920m plan for extra paid leave that could save Australia billions a year.” The article reported on the economic benefits of introducing reproductive health leave for all Australian workers. By Emma Brancatisano | Mon 13 Jan 2025 - Read the article here.
The Project - “Push for Australia to Introduce Reproductive Leave.” Reported on the campaign for employers to give all their staff paid reproductive leave. By The Project | Wed 15 Jan 2025 - Watch the report here.
ABC News - “Queensland public servants to get paid leave for reproductive healthcare.” The article reported on QLD public servants receiving 10 days paid leave for reproductive healthcare and superannuation for all parental leave. By Antonia O’Flaherty | Mon 6 May 2024 - Read the article here.
Women’s Agenda - “Senate inquiry into menopause continues in Canberra as unions call for paid reproductive leave.” The article reported on the ACTU’s arguments to the Senate inquiry committee on improving women’s workforce participation. By Olivia Cleal | Mon 29 July 2024 - Read the article here.

Where to go to learn more:

(2024) It’s For Every Body | Australian Unions - Advocates for the introduction of reproductive health leave through the ‘It’s for Everybody’ reproductive health leave campaign. The campaign also includes a petition calling for Reproductive Health Leave to be made a National Employment Standard. Read the campaign here.
(2025) Reproductive Health Leave Should be an Entitlement for all Workers | Western Sydney University - Opinion piece by Dr Michelle O’Shea and Danielle Howe on creating a legal framework for all workers to be entitled to reproductive leave. They call for reproductive leave to be included in the Fair Work Act 2009 (Cth), and for those experiencing reproductive leave to be entitled to flexible working arrangements. Read the opinion piece here.
(2024) Suffering In Silence: Making the Case for Reproductive Leave in Australia | The McKell Institute - Describes the impact reproductive health issues have on the Australian workforce, workers’ health and wellbeing, and their recommendation to introduce paid reproductive leave to the Fair Work Act. View their report here.
(2025) New study reveals multi-billion dollar economic benefit of implementing universal reproductive leave in Australia | BCEC - Discusses the economic benefits of implementing universal reproductive leave in Australia. Read their media release here.
(2024) About the Campaign | HSU - Describes what Reproductive Health Leave for all workers looks like through the National Employment Standards. Read the campaign here.
Division 7, Fair Work Act 2009 (Cth) - States the entitlements afforded to employees under Personal/Carer’s leave. Read the full Act here.

Human Perspective:

Trigger Warning: Surgeries.

Cass was living with heavy bleeding, cramps, back pain, nausea, constipation and fatigue that affected her ability to study, work and get through daily life. She was eventually diagnosed with severe endometriosis and told she needed laparoscopic surgery to remove adhesions that had caused her uterus to stick to her bowel and abdominal wall. Recovery required at least 3 weeks off work, and Cass had to use all of her annual leave so she would not go without pay during that time. 2 weeks later, she got the flu and, with no paid leave left, had to take a week of unpaid leave. This left her in a difficult financial position and she worried about whether she could pay rent that week. Later, Cass would think about how different it might have been if reproductive health leave had existed – how recovery might have felt less like punishment and more like care.

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.

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Reference list:

Armour, M., Lawson, K., Wood, A., Smith, C. A., and Abbott, J. (2019). The cost of illness and economic burden of endometriosis and chronic pelvic pain in Australia: A national online survey. PLOS ONE, 14(10). https://doi.org/10.1371/journal.pone.0223316

Australian Council of Trade Unions. (2026, March 6). Unions push for new universal right to 10 days paid reproductive leave [Media Release]. https://www.actu.org.au/media-release/unions-push-for-new-universal-right-to-10-days-paid-reproductive-leave/

Baird, M., Hill, E., Colussi, S. (2021, November 25). Balancing work and fertility isn’t easy – but reproductive leave can help. The Conversation. https://theconversation.com/balancing-work-and-fertility-isnt-easy-but-reproductive-leave-can-help-171497

Beale, G., Mawhinney, S. (2024, June). Suffering in Silence: Making the case for reproductive leave in Australia. The McKell Institute. https://mckellinstitute.org.au/wp-content/uploads/2024/06/Suffering-in-Silence-making-the-case-for-reproductive-leave-in-Australia-web-compressed.pdf

Brancatisano, E. (2025, January 13). The $920m plan for extra paid leave could save Australia billions a year. SBS News. https://www.sbs.com.au/news/article/the-920m-plan-for-extra-paid-leave-that-will-save-australia-billions-a-year/9h9tj35hb

Bryson, A., Conti, G., Hardy, R., Peycheva, D., & Sullivan, A. (2022). The consequences of early menopause and menopause symptoms for labour market participation. Social Science & Medicine, 293, Article 114676. https://www.sciencedirect.com/science/article/pii/S027795362101008X?via%3Dihub

Cleal, O. (2024, July 29). Senate inquiry into menopause continues in Canberra as unions call for paid reproductive leave. Women’s Agenda. https://womensagenda.com.au/life/health/senate-inquiry-into-menopause-continues-in-canberra-as-unions-call-for-paid-reproductive-leave/

Convery, S. (2025,January 13). Reproductive leave could be a ‘game changer’ for Australian workers – how would it work? The Guardian. https://www.theguardian.com/australia-news/2025/jan/13/reproductive-leave-study-australian-workers-period-pain-endometriosis-ivf-menopause-vasectomy

Duncan, A., Hailemariam, A., Salazar, S. & Sotirakopoulos, P. (2025). The Costs and Benefits of implementing a Universal Reproductive Health Leave entitlement in Australia. Bankwest Curtin Economics Centre. https://bcec.edu.au/assets/2025/04/BCEC-Paid-Reproductive-Health-Leave-Report-20250408.pdf

Endo Australia Digital. (2023, September 7). National Women’s Health Survey: Pelvic Pain in Australian Women. Endometriosis Australia. https://endometriosisaustralia.org/national-womens-health-survey-pelvic-pain-in-australian-women-2023/

Fair Work Act 2009 (Cth). https://www.legislation.gov.au/C2009A00028/latest/text

Finance Sector Union. (2024, September). Breaking Taboos: Menopause and Menstrual Leave Policy Framework, Version 2. It’s for Everybody. https://itsforeverybody.au/wp-content/uploads/2024/12/Menopause-and-Menstrual-Leave-Policy-Framework-2024.pdf

Health Services Union. (2024, September 9). Union launches national push for 12 days reproductive leave after landmark deal. https://hsu.net.au/portfolio/union-launches-national-push-for-12-days-reproductive-leave-after-landmark-deal/

Langley, P., Müller-Schwefe, G., Nicolaou, A., Liedgens, H., Pergolizzi, J., & Varrassi, G. (2010). The impact of pain on labor force participation, absenteeism and presenteeism in the European Union. Journal of Medical Economics, 13(4), 662–672. https://doi.org/10.3111/13696998.2010.529379

Moussalli, I. (Host). (2025, January 13). Economic cost of reproductive leave [Radio broadcast]. In AM, ABC Radio. https://www.abc.net.au/listen/programs/am/economic-cost-of-reproductive-leave/104809992

O’Flaherty, A. (2024, May 6). Queensland public servants to get paid leave for reproductive healthcare. ABC News. https://www.abc.net.au/news/2024-05-06/qld-reproductive-leave-public-servants/103807788

O’Shea, M., Mardon, A., Howe, D., & Armour., M (2024, September 11). What is reproductive health leave and why do we need it? The Conversation. https://theconversation.com/what-is-reproductive-health-leave-and-why-do-we-need-it-238581

O’Shea, M., Street, N., Howe, D. (2025, February 5). Reproductive health leave should be an entitlement for all workers. The Policy Maker. https://thepolicymaker.appi.org.au/reproductive-health-leave-should-be-an-entitlement-for-all-workers/

O'Shea, M., M.Varua, S.Duffy, A.Eathorne, and M.Armour. (2026). Menstrual Pain and the Economic Purse: Calculating and Understanding Menstrual Symptom Productivity Loss and the Australian Economy. Australian Journal of Social Issues, 1–14. https://doi.org/10.1002/ajs4.70092.

Queensland Government. (2024, September). Reproductive Health Leave (Directive 07/24). https://www.forgov.qld.gov.au/__data/assets/pdf_file/0025/523627/reproductive-health-leave-directive-07-24.pdf

Reproductive Health Leave (n.d.). About the campaign. Health Services Union. https://reproductivehealthleave.com.au/about/

Soliman, A.M., Coyne, K.S., Griers, K.S., Castelli-Haley, J., Snabes, M.C., & Surrey, E.S. (2017). The Effect of Endometriosis Symptoms on Absenteeism and Presenteeism in the Workplace and at Home. Journal of Managed Care & Specialty Pharmacy, 23(7). https://www.jmcp.org/doi/10.18553/jmcp.2017.23.7.745

The Project. (2025, January 15). Push for Australia to introduce Reproductive Leave [Video]. Youtube. https://www.youtube.com/watch?v=kcSJ6snGLq4

Unions NSW. (2025, February). Reproductive Leave - It’s For Every Body! https://www.unionsnsw.org.au/wp-content/uploads/2025/03/reproductiveleavereport_web.pdf

Victoria Department of Premier and Cabinet. (2025, April). Reproductive Health and Wellbeing Leave. https://www.vic.gov.au/sites/default/files/2025-04/Reproductive-Health-and-Wellbeing-Leave.pdf