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New reproductive leave bill introduced to Parliament

27 Apr 2025

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Workplace Health & Safety

On 26 March 2025, Senator Larissa Waters of the Australian Greens Party introduced a new bill into the Federal Parliament. The bill, titled the Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025 (Cth) (Bill), will provide paid reproductive health leave for employees in the Federal employment law system.

If the Bill is passed, it will make it mandatory for employers to provide 12 days of paid reproductive health leave per year to all employees, regardless of whether they are working full-time, part-time or as casuals. This new type of leave will also be available in full at the start of each year of employment, but will not accumulate on a pro-rata basis or from year-to-year like personal / sick leave. 

Employees can take paid reproductive health leave for any of the following reasons: 

  • they are not fit for work due to a reproductive health condition such as (but not limited to) endometriosis, dysmenorrhea, polycystic ovary syndrome / PCOS or menopause;
  • to receive fertility treatment, including in vitro fertilisation / IVF;
  • to attend preventative screenings related to reproductive health such as a breast screening or prostate screening; or
  • to receive treatment associated with reproductive health, including a hysterectomy, vasectomy or termination of a pregnancy. 

In addition to introducing a new form of leave, the Bill will also add the experiencing of menopause or perimenopause symptoms to the list of circumstances in which an employee may request flexible working arrangements from their employer. 

If passed, the Bill will amend the current Fair Work Act 2009 (Cth) to include new provisions in the National Employment Standards. Therefore, any changes that arise from the Bill being passed will only affect national system employers and employees. 

How can we help?

For specific advice on employee leave entitlements please contact a member of our Workplace Relations and Safety Team.

This article was written by Grace Pham, Solicitor Workplace Relations and Safety.

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RENAE HARDING

Partner | Workplace Relations

DOMINIQUE HARTFIELD

Special Counsel | Workplace Relations

GREG SMITH

Partner | Workplace Relations

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