FORE Australia Reporter: Devini Raj Kumar
Publish Date: 07/9/2024
Problem Identification:
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:
Solution Identification:
Advice:
Download the 1-page policy brief PDF here:
Endorsed by:
Mary Crooks AO
Public Support:
Victorian Women’s Trust
Where to go to learn more:
Prasser, K. (2021, February 12). A bloody good policy. Future Super. https://www.futuresuper.com.au/blog/post/a-bloody-good-policy
Victorian Women’s Trust (n.d.) Menstrual and Menopause Wellbeing Policy. https://www.vwt.org.au/menstrual-and-menopause-wellbeing-policy/
Lived experience:
‘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.’
Reference list (name, date):
Bennett, J., Melican, C., & Crooks, M. (2021). Ourselves at Work: Creating positive menstrual culture in your workplace. Victorian Women’s Trust. https://www.vwt.org.au/wp-content/uploads/2021/12/Ourselves-At-Work-DIGITAL-V5.pdf
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/
Muroi, M. (2022, May 21). ‘Could Australia follow Spain by introducing national menstrual leave?’. The Sydney Morning Herald. https://www.smh.com.au/lifestyle/health-and-wellness/could-australia-follow-spain-by-introducing-national-menstrual-leave-20220518-p5amg7.html
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
Conflict of interest / acknowledgment statement:
N/a
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