Paid reproductive health leave: what unions want nationally, what Victorian and Queensland public servants already get, and what you can use now

By The Rundowns News Desk · Published 1 November 2026

A federal parliamentary inquiry is deciding whether Australia's minimum workplace entitlements, the National Employment Standards (NES), are still fit for purpose, and paid reproductive health leave is one of the biggest asks in front of it. Unions want 10 days a year for every worker, on top of sick leave. Victorian public servants already get a narrower version, and Queensland's get the full 10 days. Here's what's being proposed, what it would cost, who's against it, and what you're entitled to right now.

What's happening

The House of Representatives employment committee launched its inquiry into the NES in late November 2025. Submissions have closed and public hearings were held in Carlton (Melbourne), Warwick Farm and Canberra in May 2026. The committee is expected to report later in 2026 (ABC, DLA Piper). A government spokesperson told the ABC the committee was weighing all the evidence and the government would then consider its recommendations. No report date has been published.

The NES are the floor that applies to almost every employee in the national system: things like annual leave, sick and carer's leave, and compassionate leave. Adding a new entitlement there would reach far more workers than any single enterprise agreement.

What unions are asking for

• How much: the ACTU wants "universal access to 10 days' paid reproductive health leave". The IEU backs 10 days. The Finance Sector Union and the Health Services Union want 12.
• On top of sick leave: the proposals are for a separate entitlement that doesn't carry over from year to year, not a slice of the existing 10 days of personal leave.
• What it would cover: submissions list menstrual pain, endometriosis, PCOS, perimenopause and menopause, fertility treatment such as IVF, miscarriage, and screening and procedures that apply to men too, such as prostate screening and vasectomy.
• Beyond leave: the ACTU also wants reproductive health made a protected attribute under the Fair Work Act, and the IEU wants it recognised as a reason to request flexible work.

What Victorian public servants already get

Victoria has a narrower model. Under clause 58 of the Victorian Public Service Enterprise Agreement 2024, full-time staff can take up to five days of paid "Reproductive Health and Wellbeing Leave" a year (pro rata for part-timers). The catch is that it only kicks in once their personal/carer's leave balance has fallen to 15 days or less (Victorian Government policy, Clayton Utz).

• It covers endometriosis, PCOS, menopause, menstruation, pregnancy complications and fertility treatment, and it isn't gender-specific.
• It doesn't accumulate and isn't paid out when you leave. Casuals don't get the paid leave, though any employee can ask for flexible work or other workplace support.
• Employers can ask for evidence, such as a medical certificate, and the policy says it shouldn't require intrusive detail.

This applies to the Victorian Public Service, not every Victorian public sector worker. The state's 2025 industrial relations policies expect other public sector agreements to offer at least working from home where practical, in-workplace supports, and use of personal leave for symptoms. A standalone paid entitlement is optional and goes through bargaining.

Queensland went further

In May 2024 the Queensland government announced 10 days of paid reproductive health leave a year for public sector workers, in place from 30 September 2024 (ministerial statement, Directive 07/24). Unlike Victoria's clause, staff don't have to use up other leave first, and evidence can only be requested for absences longer than three consecutive working days. Casuals are excluded. The government put the number of workers covered at about 265,000 when it announced it. The ABC reports about 320,000, which may reflect later workforce numbers.

Queensland Council of Unions general secretary Jacqueline King told the ABC the unions now want it rolled out nationally.

What would it cost?

The most-cited numbers come from a Bankwest Curtin Economics Centre report commissioned by the HSU, HACSU, the Queensland Council of Unions and Aware Super. Keep in mind who paid for it.

• It estimates reproductive health conditions cost about $21.3 billion a year in lost productivity, through absences and people working at reduced capacity.
• Up to 12 days of paid leave would cost employers a central estimate of $3.6 billion a year gross (range $2.3 billion to $5.9 billion), offset by an estimated $1.88 billion in benefits such as better retention. That leaves a net cost of about $1.7 billion, or $140 per worker a year.
• The Finance Sector Union says eight finance-sector agreements covering about 31,500 workers already include some form of this leave, and that employers there report take-up and cost have been small, with workers more likely to ask for flexibility than to take the days.

The case against

Employer groups aren't convinced a new legislated entitlement is the answer. Liam Jones from the Australian Chamber of Commerce and Industry told the ABC that "many small businesses simply can't absorb the extra cost", and that ACCI favours "genuine flexibility and the entitlements that already exist". ACCI's submission argues the NES's core entitlements aren't inadequate and that the real issue is clarity and flexibility.

Supporters such as Western Sydney University researcher Dr Michelle O'Shea, who co-wrote a submission calling for universal leave, argue workplaces need to adapt as more women work through perimenopause and menopause (ABC).

What you can use right now

1. Sick and carer's leave. Full-time employees get 10 days a year of paid personal leave (pro rata for part-timers), and it builds up over time. It can be used when you're unfit for work, including because of reproductive health symptoms.
2. Compassionate leave after a miscarriage. Every employee, including casuals, is entitled to 2 days of compassionate leave each time they or their spouse or de facto partner has a miscarriage. It's paid for permanent staff and unpaid for casuals.
3. Check your agreement or policy. Your enterprise agreement or workplace policy may already include reproductive health, menstrual or menopause leave, especially in finance, health, education and the public sector.
4. Ask about flexibility. Working from home or adjusted duties on bad days is something you can raise with your employer, and some agreements build it in.

Other countries

According to the ABC, Spain became the first European country with paid menstrual leave in 2023. Japan has had menstrual leave provisions since 1947, but they don't guarantee pay or a set number of days. Indonesia, South Korea, Zambia and several Mexican states also have menstrual leave policies.

What's next

The committee's report is the next milestone. Even if it recommends reproductive health leave, the government would still have to decide whether to adopt it, and any change to the NES would need legislation. We'll update this explainer when the report lands.

General information only, not legal or employment advice. Check your award, enterprise agreement or the Fair Work Ombudsman for your own situation. Cost estimates are from union-commissioned modelling by BCEC. International comparisons are as reported by the ABC.