There are growing calls for employees to be provided with paid menstrual and menopause leave in a bid to modernise work entitlements for specific health experiences.
A group of Australian unions, backed by a law firm, are pushing for the policy to be introduced into the Fair Work Act.
So what exactly are they asking for and has it worked in other countries?
How would it work?
The proposed policy would give employees who have painful periods or menopause symptoms one day a month or 12 days a year of paid leave — similar to the family and domestic violence leave policy.
Five unions have started surveying their members to find out which leave entitlements would best suit their industry's employees.
- Australian Workers' Union (AWU)
- United Workers' Union (UWU)
- Transport Workers' Union (TWU)
- Rail, Tram and Bus Union (RTBU) and
- Australian Workers' Manufacturing Union (AMWU)
Maurice Blackburn lawyer Jessica Heron said the firm was working with unions to develop policies which suit the needs of different industries.
"If we can fit the law reform into one neat amendment to the Fair Work Act then great," she said.
"Otherwise we will have to look at other options such as applying for variation of industry-wide awards."
Ms Heron said the unions were seeking advice on where there were current gaps in the laws.
"Once we receive the data back from surveyed members, we will then help the unions to determine what type of law reform is required," she said.
How does menopause and menstruation impact employment?
A survey on menopause in the workplace by Circle In and the Victorian Women's Trust found 83 per cent of respondents said their work was negatively affected by menopause.
In fact, 45 per cent of respondents said they considered retiring or taking a break from work when their menopausal symptoms were severe – but of those, 72 per cent did not go through with it, largely due to financial reasons.
According to a 2017 survey by YouGov, as many as 92 per cent of Australian women have, at some point, experienced period pain and gone to work, with 77 per cent of those saying their pain affected their ability to work.
One condition which can cause period pain is endometriosis, which, according to a study published in the International Journal of Obstetrics and Gynaecology, one in nine women have either been diagnosed with, or are suspected of having.
"We're impressed by the women before us who have paved a way for us to join the workforce as key contributors," Ms Heron said.
"We admire their resilience.
"What we're asking for now is some concessions to be made to ensure that women can take care of their health in a way that they haven't been able to before."
What is currently offered in Australia?
Although there is no government legislation on menstrual and menopause leave, a number of companies in the private sector have implemented their own policies.
Apparel company Modibodi and Future Super are among a growing number of businesses with a policy.
The Victorian Women's Trust, who also have their own policy, created a template which they encourage businesses to use:
"The policy is designed to be flexible depending on the employee's needs, providing for the following options:
- 1.The possibility of working from home*,
- 2.The opportunity to stay in the workplace under circumstances which encourage the comfort of the employee E.g. resting in a quiet area; or
- 3.The possibility of taking a day’s paid leave.
In the case of paid leave, employees are entitled to a maximum of 12 paid days per calendar year (pro-rata, non-cumulative) in the event of inability to perform work duties because of menstruation and menopause, and their associated symptoms.
A medical certificate is not required."
None of the major political parties have announced a policy in this space.
Do other countries already do this?
The Spanish government recently announced plans to legislate a menstrual and menopause leave policy.
The move would give people who have painful periods up to three days of paid leave per month with the provision of a doctor's certificate.
This would make Spain the first European country with such a policy.
However, there are records of menstrual leave dating back to the 1920s.
In the Soviet Union, laws were enacted to guard menstrual health so women could "fulfil their reproductive and maternal functions" according to a study published in the Europe-Asia Studies journal.
Japan was also one of the early adopters of menstrual leave in 1947, in a policy they call Seirikyuuka, which translates to physiological leave.
The labour standard allows employees who are having "especially difficult" periods to take time off — however, it is not specifically outlined how long or how frequently they can take time off.
South Korea also has a policy where workers can take one day of leave per month as menstrual leave — and it is strictly enforced with employers facing fines of 5 million won ($5,500).
In 2021, a court in South Korea fined former Asiana Airlines CEO Kim Soo-cheon for refusing to allow flight attendants to take menstrual leave.
His argument was they had not provided proof of menstruation which the court found was an infringement "upon privacy and human rights" and fined him 2 million won.
In 2003, Indonesia also legislated a policy which entitles employees to two days of paid menstrual leave a month.
What are the challenges with policies like these?
In Japan, the policy is rarely used.
A study by Nikkei Group in March 2022 found less than 10 per cent of women took menstrual leave, and more than 50 per cent felt there was a "lack of understanding of menstruation in the workplace".
The survey also found some women felt uncomfortable asking male bosses for menstrual leave and were reluctant to take it because not many people did.
There are similar issues reported in Indonesia.
A research paper published in the Pakistan Journal of Medical & Health Sciences in 2020 found many companies did not allow menstrual leave and believed women were deceiving the company by taking leave when they were not menstruating.
Italy considered a menstrual leave policy in 2016, proposing three paid days of leave to staff who provided medical certificates. However, the parliamentary term ended before the bill could progress.
One of Spain’s major labour unions has said the country's proposal could lead to women facing workplace discrimination.
“I’m not sure if we’re doing a disservice to us women,” Cristina Antoñanzas of the General Union of Workers, told Spanish radio station Cadena Ser.
She said the idea employees required time off work while menstruating risked "stigmatising women".
In Australia, Ms Heron welcomed national debate on the topic.
"We are open to criticism and will respond constructively," she said.
"On the question of how men will benefit from this? Seeking additional entitlements for women to be able to not just survive in the workplace, but thrive, will no doubt have a positive impact on the lives of men, in both the broader socioeconomic sense but also in their own homes too."
