Federal move on miscarriage leave

Australian parents who suffer a miscarriage would be given two days of paid leave under new landmark federal legislation.

Michaelia Cash, Attorney-General. Picture: NCA NewsWire / Gary Ramage

Australian parents who suffer a miscarriage would be given two days of paid leave under new landmark federal legislation that will be introduced to parliament on Thursday.

It comes after NSW this week became the first state to release a paid bereavement leave policy for women who suffer a miscarriage or stillbirth.

The Morrison government will introduce its Sex Discrimination and Fair Work (Respect at Work) Amendment Bill into the Senate after it was agreed by the joint ­Coalition partyroom.

The legislation forms part of the government’s response to the Respect@Work report, a national inquiry into sexual harassment in workplaces by the Australian Human Rights Commission.

In April, Scott Morrison confirmed the federal government had accepted in part, in principle or noted all 55 recommendations in the report by Sex Discrimination Commissioner Kate Jenkins handed down in March 2020. 

The announcement came amid a mounting number of sexual harassment and assault allegations that have plagued the parliament since former Liberal staffer Brittany Higgins alleged in February she was raped inside Parliament House.

Attorney-General Michaelia Cash said the legislation recognised the “very difficult period many Australians go through”.

The paid leave measure, accessible to all employees covered under the Fair Work Act, would also give two days of compassionate leave to a spouse or de facto partner of a woman who had a miscarriage or stillbirth.

The bill will classify a miscarriage as a spontaneous loss of an embryo or foetus up to 20 weeks or five months into a pregnancy. It is estimated that one in five confirmed pregnancies miscarry in the first 20 weeks.

The measure was not recommended in Ms Jenkin’s report, but is being included in the bill to ­support employees experiencing a miscarriage.

Currently, unpaid and uncapped special maternity leave is available to Australian women who have a pregnancy end after at least 12 weeks due to a miscarriage or termination.

Last year, the Morrison government passed legislation which gives families dealing with the trauma of stillbirths 12 months of unpaid parental leave.

The government’s bill will also increase employers’ power to dismiss employees on the basis of sexual harassment.

It will amend the Fair Work Act to ensure the Fair Work Commission can make an order to stop sexual harassment in the workplace and stipulate that sexual harassment can be a valid reason for dismissal under the law.

The bill will also seek to change the Sex Discrimination Act and remove the exemption for state public servants in relation to sexual harassment and discrimination in the workplace. It will also extend the scope of sexual harassment prohibitions in the act to cover all forms of workers, including volunteers, interns and self-employed people.

Senator Cash said the government was committed to stamping out sexual harassment.

“Sadly, so many have personal experiences of harassment in the workplace. These experiences are degrading, disempowering and can be traumatising,” she said.

“In addition to the high personal toll … Deloitte estimates (it) costs the economy about $3.8bn a year predominantly through lost productivity.”