Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements)

Current status

This bill is currently before Parliament.

Policy area

Work & employment

What does this bill do?

The bill would create 12 days of paid reproductive health leaveThe new paid leave entitlement proposed by the bill for reproductive health conditions, fertility treatment, screening and specified reproductive health treatments. each year in the National Employment StandardsThe minimum employment entitlements in the Fair Work Act. The bill would add paid reproductive health leave to these minimum standards. and modern awardsLegal instruments that set minimum pay and conditions for many jobs and industries. The explanatory memorandum says the leave would be added to modern awards as well as the National Employment Standards. for full-time, part-time and casual employees.

Why was it introduced?

Senator Waters introduced the bill to make reproductive health issues easier to manage at work without loss of pay or employment security. The explanatory memorandum says existing arrangements can leave employees relying on limited personal/carer's leave, while the second reading speech points to menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection., fertility treatment, endometriosis, screening and other reproductive health needs as reasons workers may need leave or flexibility. The bill's answer is a new paid leave entitlement, a clearer flexible-work pathway for menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection., and workplace gender equality data collection so policy makers can see what employer supports exist.

Broader context

The bill sits in a broader workplace debate about whether reproductive health should be treated as an ordinary employment issue rather than a private problem workers manage with sick leave, unpaid leave or informal flexibility. Senator Waters linked the proposal to union campaigning, state public-sector reproductive health leave models, private-sector policies and evidence to a Senate inquiry that menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection. symptoms can push some people out of the workforce earlier than they want.

Key criticism

The supplied record does not show substantive criticism of the bill. It contains the sponsor's explanatory memorandum, the sponsor's incorporated second reading speech, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no counted divisions.

Who supported it?

Senator Larissa Waters introduced this bill. Supportive speeches so far have come from Greens.

Introduced in Senate 26 Mar 2025
Before Senate 23 July 2025
Not yet reached House
Not yet law

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

441 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would create 12 days of paid reproductive health leaveThe new paid leave entitlement proposed by the bill for reproductive health conditions, fertility treatment, screening and specified reproductive health treatments. each year in the National Employment StandardsThe minimum employment entitlements in the Fair Work Act. The bill would add paid reproductive health leave to these minimum standards. and modern awardsLegal instruments that set minimum pay and conditions for many jobs and industries. The explanatory memorandum says the leave would be added to modern awards as well as the National Employment Standards. for full-time, part-time and casual employees.

  2. The leave would be available in full at the start of each 12-month employment period, would not carry over from year to year, and could be taken as one block, separate days, or shorter periods if the employer agrees.

  3. Employees could use paid reproductive health leaveThe new paid leave entitlement proposed by the bill for reproductive health conditions, fertility treatment, screening and specified reproductive health treatments. for reproductive health conditions, fertility treatment, reproductive health screening, or treatments such as hysterectomy, vasectomy or termination of a pregnancy.

  4. The leave would be paid at the employee's full rate of pay. For casual employees, the bill ties payment to rostered hours, including hours the employee accepted an offer to work.

  5. The bill would add menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection. symptoms as a reason an employee can request flexible working arrangementsChanges to how, when or where a person works. This bill would add menopause and perimenopause symptoms as reasons an employee can request flexibility. under the Fair Work Act.

  6. The Fair Work CommissionAustralia's national workplace relations tribunal. Under the bill, it could vary some older enterprise agreements so reproductive health leave terms operate consistently with the new entitlement. could vary some pre-commencement enterprise agreements if their reproductive health leave terms were worse than the new minimum entitlement or needed changes to operate with it.

  7. The bill would also let workplace gender equality reporting collect information about policies, strategies and measures supporting employees experiencing menopause or perimenopause.

  8. If passed, the whole bill would start the day after Royal AssentThe formal approval that turns a bill passed by Parliament into an Act. This bill would start the day after Royal Assent if passed.. In the collected APH record it was still before the Senate and had not become an Act.

Show source excerpts
  1. 12 days of paid reproductive health leave per year in the National Employment Standards and modern awards for full-time, part-time and casual employees;
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) explanatory memorandum
  2. Paid reproductive health leave: (a) is available in full at the start of each 12 month period of the employee's employment; and (b) does not accumulate from year to year; and (c) is available in full to part-time and casual employees.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) introduced bill text
  3. The employee may take paid reproductive health leave for any of the following reasons: (a) the employee is not fit for work because of a reproductive health condition... (b) to receive fertility treatment... (c) to attend preventative screening associated with reproductive health... (d) to receive treatment associated with reproductive health...
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) introduced bill text
  4. for a casual employee--at the employee's full rate of pay, worked out as if the employee had worked the hours in the period for which the employee was rostered.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) introduced bill text
  5. This item adds symptoms relating to menopause or perimenopause as reasons an employee can request flexible working arrangements.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) explanatory memorandum
  6. the FWC may make a determination varying the agreement to make the agreement consistent with the NES entitlement.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) introduced bill text
  7. The Bill also amends the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 to allow for the collection of data on the supports employers are providing, and their usage, for employees experiencing menopause and perimenopause, including specific workplace policies.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) explanatory memorandum
  8. This clause provides for the whole Bill to commence the day after it receives the Royal Assent.
    Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) explanatory memorandum

Broader context for this bill

The bill sits in a broader workplace debate about whether reproductive health should be treated as an ordinary employment issue rather than a private problem workers manage with sick leave, unpaid leave or informal flexibility. Senator Waters linked the proposal to union campaigning, state public-sector reproductive health leave models, private-sector policies and evidence to a Senate inquiry that menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection. symptoms can push some people out of the workforce earlier than they want.

  1. Before 26 Mar 2025

    Employers and public services test reproductive leave

    The incorporated second reading speech says Queensland public servants had 10 days of paid reproductive health leaveThe new paid leave entitlement proposed by the bill for reproductive health conditions, fertility treatment, screening and specified reproductive health treatments., Victoria's public service agreement had five days, and some private-sector employers had introduced reproductive health leave policies.

    Second reading speech ↗
  2. Before 26 Mar 2025

    Senate inquiry hears menopause workforce evidence

    The sponsor and explanatory memorandum say evidence to a Senate inquiry on menopause and perimenopauseLife stages connected with the end of menstrual periods. The bill treats related symptoms as a basis for requesting flexible work and for workplace gender equality data collection. showed some women leaving work earlier, while leave or flexible workChanges to how, when or where a person works. This bill would add menopause and perimenopause symptoms as reasons an employee can request flexibility. could help them stay in the workforce longer.

    Explanatory memorandum and second reading speech ↗
  3. 26 Mar 2025

    Waters introduces reproductive health leave bill

    Senator Larissa Waters introduced the bill in the Senate and moved the second reading, putting the proposed paid leave, flexible-work and reporting changes before Parliament.

    Parliament of Australia ↗
  4. 21 July 2025

    Bill lapses at end of Parliament

    The APH progress record says the bill lapsed at the end of Parliament, which stopped its earlier parliamentary progress unless restored.

    Parliament of Australia ↗
  5. 23 July 2025

    Bill restored to the Senate Notice PaperThe official list of business before a parliamentary house. Restoring the bill to the Notice Paper put it back before the Senate after it lapsed.

    Two days after lapsing, the bill was restored to the Senate Notice PaperThe official list of business before a parliamentary house. Restoring the bill to the Notice Paper put it back before the Senate after it lapsed., leaving it again before the Senate in the collected record.

    Parliament of Australia ↗

How did it move through Parliament?

House Senate
Introduced in the Senate 26 Mar 2025

Senator Larissa Waters introduced the bill and it was read a first time.

Introduced and read a first time

Second reading moved 26 Mar 2025

The sponsor moved the second reading, opening debate on the bill's purpose and principles.

Lapsed at end of Parliament 21 July 2025

The bill lapsed at the end of Parliament before completing passage.

Restored to the Notice PaperThe official list of business before a parliamentary house. Restoring the bill to the Notice Paper put it back before the Senate after it lapsed. 23 July 2025

The Senate restored the bill to its business list, leaving it before the Senate in the collected record.

Restored to Notice PaperThe official list of business before a parliamentary house. Restoring the bill to the Notice Paper put it back before the Senate after it lapsed.

The main case against this bill

The supplied record does not show substantive criticism of the bill. It contains the sponsor's explanatory memorandum, the sponsor's incorporated second reading speech, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no counted divisions.

This means the collected source set is one-sided and procedural, not that no one outside the supplied record had concerns about the policy.

Recorded votes

No recorded votes have been found yet for this bill.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Larissa Waters

Australian Greens • Senator 26 Mar 2025

Larissa Waters supports the bill as its sponsor.

Read in Hansard ↗

All speeches by bloc

Greens

1 speaker · 1 support

Full record

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