Before ParliamentWork & Super Introduced in the Senate, 26 Mar 2025 by WATERS, Sen Larissa

Workers could get 12 days of reproductive health leave

Senator Larissa Waters' bill would add a new kind of paid leave. It would cover things like period pain and menopause, when a woman's periods stop for good. It would also cover IVF fertility treatment, vasectomies and cancer checks. A vasectomy is an operation that stops a man fathering children. It would also let workers ask for flexible hours because of menopause.

Official name: Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025

The short version

Who it affects

Reproductive health eats sick leave

Reproductive health means the health of the parts of the body to do with periods, pregnancy and having children.

Today, a worker who needs time off for this may only have their paid sick and carer's leave to use. That leave is limited. The bill's notes say this can leave workers out of pocket.

Senator Larissa Waters brought this private bill to the Senate, Parliament's second house. A private bill is one not brought by the government. Her notes on it say reproductive health problems can make it hard to keep working.

A group of senators looked into this topic. The notes say people told them many women leave work early because of menopause and the years before it. Leave or flexible hours could help them keep working longer.

The notes say some employers already offer this kind of leave. The bill would make it a basic right for all workers covered by the national workplace system.

Twelve days of paid leave

The bill would add the new leave to the National Employment Standards. These are the basic work conditions that cover most workers. It would also go into awards. Awards set the lowest pay and conditions for each industry.

Each worker would get 12 days at the start of every year of their job. Part-time and casual workers would get the full 12 days too. Days not used would not carry over to the next year.

The leave would be paid at the worker's full rate. A worker might be on sick leave and then switch to this leave. Those days would only count as reproductive health leave.

Employers and workers could still agree to extra paid or unpaid leave on top of the 12 days.

What the leave covers

Workers of any gender could take the leave. They could use it when a reproductive health problem makes them unfit for work. The bill names endometriosis, period pain, menopause and the years before it. It also names adenomyosis and polycystic ovary syndrome, two other conditions of the womb and ovaries.

It could also be used for fertility treatment such as IVF. It would cover checks such as breast and prostate cancer checks. It would also cover operations such as a hysterectomy, which removes the womb, or a vasectomy, or ending a pregnancy.

Say you work part-time in a shop. You have endometriosis and miss a few shifts most months. Under this bill you could take up to 12 paid days a year for it. You would not have to touch your sick leave.

An employer could ask for proof that the leave was for one of these reasons. The notes say the usual privacy rules for that information would still apply.

Flexible work for menopause

The Fair Work Act is the main law on jobs and pay. It already lets some workers ask their boss for flexible work, such as new hours.

The bill would add workers with symptoms of menopause, or the years before it, to that list.

Perimenopause is the time before a woman's last period, when her cycles start to change. It also covers the year after. Menopause is the last period. It is confirmed after a year with no period.

This gives a right to ask. The boss would still reply under the current rules for these requests.

Agreements and employer reporting

The new leave would apply to all workers, whether they started before or after the bill takes effect.

Some workplaces have their own deal on pay and conditions. If a deal gave less of this leave than the bill, the Fair Work Commission could change the deal to match. The Commission is the independent body that sets pay and conditions.

The bill would also change the rules of the Workplace Gender Equality Agency. It collects facts from employers about how fairly men and women are treated. Employers would report what support they give for menopause, and the years before it, including their policies. They would also report how much staff use it.

Waiting in the Senate

The bill would start the day after the Governor-General, the King's representative, signs it. The reporting change would apply to reporting periods that start after that.

Senator Waters brought it to the Senate on 26 March 2025. The same day, the debate on its main idea was opened. It ran out of time when the last Parliament ended on 21 July 2025. That happens to all bills not yet finished.

The Senate put it back on its to-do list on 23 July 2025. It is still before the Senate. The Senate and then the House of Representatives, where the government is formed, would both need to pass it before it could become law.

Its journey through Parliament

26 Mar 2025Senate: Introduced and read a first time
26 Mar 2025Senate: Second reading moved
21 Jul 2025Senate: Lapsed at end of Parliament
23 Jul 2025Senate: Restored to Notice Paper

Official sources

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