Why half of Australia needs an additional 12 days of paid leave

Critics aren’t happy about growing calls for women to get extra leave each month – but this graph proves the argument is “outdated”.

There are growing calls for women to be given an extra leave day each month to cater for an “often debilitating” pain men don’t endure – but not everyone is happy with the proposed legislative change.

Debate on whether Australian women should be entitled to paid menstrual leave under the Fair Work Act 2009 began in 2022 after a group of Australian unions pushed for the policy to be introduced.

The proposed policy would give employees who have painful periods or menopause symptoms 12 days a year of paid leave, and would work similarly to the family and domestic violence leave policy.

To date only a handful of organisations have implemented it into their workplace, but among those who have, firms are enjoying greater productivity – with one company reporting “women’s engagement rose to a whopping 71 per cent”.

But critics, notably often men, argue a universal policy will have a negative effect on gender equality as it would leave one half of the workforce unable to access the employee benefit.

There are growing calls for women to be given an extra day's leave each month to cater for 'often-debilitating' period pain. Picture: iStock

Mary Crooks, CEO at the Victorian Women’s Trust (VWT) – the first company in Australia to offer staff a “Menstrual and Menopause Wellbeing Policy” – said the argument was “outdated”.

“When our menstrual leave policy first went public in 2017 there were people who thought the sky was going to fall in, behaving as if this was the end of civilisation as we knew it,” she told news.com.au.

“Of course, the sky didn’t fall in. Staff here maybe take one, two or three days menstrual or menopausal leave a year.

“It wasn’t abused and it wasn’t a huge cost to our organisation.”

Mary Crooks, CEO at the Victorian Women’s Trust, shared data that shows women don’t abuse the benefit – stressing it boosts productivity. Picture: Facebook

Ms Crooks, who has worked with the gender-equality agency since 1996, shared data which proves the policy – that is free for any company to use – benefits both employers and staff.

“At the end of the day, it’s about modernising our workplaces to reflect a space where women, who are often make up 50 per cent or more of the staff, feel comfortable,” she explained.

“A lot of office designs reflect the needs of male bodies, in terms of temperature, airconditioning settings, you name it.

“Employers have an implicit duty of care that you don’t exploit your staff, you don’t treat people badly. So to me, I see taking account of women’s bodies in their workplace as a very logical and natural extension of our occupational health and safety standards.”

Another Australian firm who has successfully implemented its own version of the policy is Modibodi, a sustainable period and incontinence underwear brand, which introduced paid menstrual, menopause and miscarriage leave in 2021.

Sarah Forde, the brand’s head of sustainability and public affairs, said Modibodi made the contentious addition to its workforce in a bid to “break the bias around women’s health”.

“Modibodi has been challenging the stigma around menstrual health topics and leading discussions to encourage people to talk openly about periods, menopause and much more since it launched more than 10 years ago,” Ms Forde told news.com.au.

“Menopause, menstruation, and miscarriages are common experiences, that can be associated with emotional or physical discomfort and be difficult to manage within the workplace.

“Feedback from employees has been extremely positive. Staff have revealed that the policy has helped them feel less embarrassed, ashamed and more comfortable because they could actually rest and recover, without worrying about work, or what colleagues may think.”

Sarah Forde, head of sustainability and public affairs at Modibodi, said only 20 per cent of staff have used its paid menstrual, menopause and miscarriage leave after being introduced 2021. Picture: Supplied

This is a sentiment shared by Ms Crooks, who said her small team of employees are all “very appreciative” of the workplace support, adding it gives them “options” and self-control of their own bodies.

“A lot of women are just soldiering on, having a terrible time with their periods and going through menopause, sucking it up and dragging themselves to work,” she shared.

“But a woman’s menstrual body is so awesome, in physiological terms, so why is it so demeaned in societal terms?

“Of course there’s backlash there, notably from men, but we’ve argued that the benefits of dismantling the taboo are immense and everybody gets to benefit, as a harmonious workplace is good for us all.”

Ms Forde stressed that many critics argue it is giving women “special treatment” or is encouraging those who menstruate to “take more time off”, both myths she quickly debunked.

“Painful periods are a medical condition experienced by some, but not all people who menstruate, and the idea that companies might use this argument to not implement a policy which supports their staff seems regressive in itself,” she said.

“Approximately 20 per cent of our staff have used around 40 per cent of the available leave. “We also noted that sick days declined since its introduction.”

Australian lawyers Gabrielle Golding and Tom Hvala penned a 2021 research piece for the Sydney Law Review which argued statutory paid menstrual leave scheme should be introduced in Australia.

Interestingly, the legal experts pointed out women experiencing the often-debilitating effects of menstruation are “neither ill nor injured” a requirement for Australians to access the standard 10 days’ paid personal/carer’s leave.

“Menstruation is simply a part of being female, as opposed to an illness or injury,” the piece, titled ‘Paid Period Leave for Australian Women: A Prerogative Not a Pain’, states.

“Critics may argue that recognising a legislative entitlement is a step away from achieving gender equality in the workplace.

“(But) It is counterintuitive and contradictory to expect women to rely on a limited amount of paid personal/carer’s leave to deal with symptoms that are part of a biological process.”

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