Reproductive Leave - Yah or Nah?

Australian Senate Enquiry into Menopause

Recently, the Australian Senate launched an enquiry into menopause and its impact on working women. The discussions revolved around the challenges women face in managing menopausal symptoms at work and the proposed introduction of reproductive leave to address these challenges. While the enquiry’s intent is to support women, particularly in an often-overlooked phase of life, I can’t help but reflect on the practical implications this could have on businesses, especially small ones. As an HR professional who is in the trenches navigating the complexities of both menopause and business operations, I see both the value and the potential burdens this enquiry could impose.

A Personal Story: Navigating Menopause in the Workplace

In an article I wrote earlier, I shared my own story about dealing with menopause while continuing to work and running a business. Menopause hit me harder than I expected. The sudden hot flushes, lack of sleep, mood swings, and brain fog left me feeling exhausted and unable to bring my best to work. Managing a business through all of that? It was tough. Yet, despite the challenges, I persevered because I knew the importance of running a business and supporting my clients. I have deep empathy for the many women going through the same thing, silently battling their symptoms while keeping up appearances at work.

My experience leads me to appreciate the need for more understanding and support in the workplace. However, the introduction of reproductive leave, one of the key recommendations of the Senate enquiry, while well-intentioned, raises significant concerns for me, particularly from a business perspective.

The Senate Enquiry: Key Recommendations

The enquiry was launched to investigate how workplaces can better support women going through menopause. Some of the key recommendations include:

1. Reproductive Leave: A proposal to allow menopausal women time off work to manage their symptoms without using existing sick or personal leave entitlements. This leave would not only be available for women in menopause
2. Increased Flexibility: Encouraging more flexible working arrangements, allowing women to work from home or adjust their schedules around their symptoms.
3. Workplace Education: Developing mandatory workplace education and awareness programs about menopause to destigmatise the conversation and foster a supportive environment.

While I understand the need for more structured support around menopause, reproductive leave, in particular, raises practical questions. What would reproductive leave look like in practice, and how would businesses, particularly small ones, shoulder the financial burden?

I can’t help but reflect on another key issue raised by the Senate enquiry—the lack of training and education in the medical profession regarding menopause. I personally experienced this when I first started having symptoms. I felt let down by several GPs, as it took two years before I was prescribed hormone replacement therapy (HRT), which finally brought some relief. This gap in medical knowledge leaves many women unsupported during a crucial time. Now, it would appear this is becoming a business problem once again, much like domestic violence leave.

What is Reproductive Leave, and How Would it Work?

Reproductive leave, as suggested in the enquiry, would grant women leave to manage their menopausal symptoms without dipping into their sick leave. It’s a new form of leave that would sit alongside existing entitlements like personal leave, family and domestic violence leave, and compassionate leave.

Here's how it could work in terms of eligibility and circumstances:

Who Could Access Reproductive Leave?

• Women experiencing menopause: Any woman who is going through menopause or perimenopause and whose symptoms are affecting her ability to perform her work duties.
• Women experiencing reproductive health issues: While the focus is on menopause, the term "reproductive leave" could also be broadened to include women experiencing other reproductive health challenges, such as polycystic ovary syndrome (PCOS), endometriosis, or other conditions that affect reproductive health and well-being.
• Women of varying ages: Since menopause typically affects women between 45-55 years old, but perimenopause can start as early as in their 30s, women in this age group may also be eligible.
• If implemented, men could also use the leave to get a vasectomy or attend a partner's prenatal ultrasound.

In What Circumstances Could it be Accessed?

• Severe menopausal symptoms: Women suffering from severe hot flashes, night sweats, fatigue, brain fog, depression, or anxiety—symptoms that severely affect their ability to work—would likely qualify.
• Doctor’s certification: Similar to other health-related leave entitlements, accessing reproductive leave could require medical certification, proving that the woman is experiencing symptoms related to menopause or another reproductive health issue.
• Temporary incapacity: The leave would be intended for temporary, not long-term incapacity. It would cover intermittent days or periods where symptoms flare up, making it impossible for the employee to work effectively.
• Flexible use: The leave might not be a continuous block of time but could be taken as needed—similar to how personal leave works—whenever the symptoms become unmanageable.

The concept is progressive in that it recognises menopause as a health condition requiring time off. In many ways, this is a step forward in terms of gender equity and workplace inclusivity. However, the challenge lies in how it would be implemented. Would it be paid or unpaid? How much leave would be granted per year? And, critically, who will fund this leave?

A Fair and Sustainable Solution?

This is where my concern comes in. While the idea of reproductive leave is admirable, I don’t believe we can continue adding more forms of leave without seriously considering the impact on businesses, especially small to medium enterprises (SMEs). Many small businesses are already struggling to keep up with Australia’s extensive leave entitlements. In fact, in a previous blog I wrote, I questioned whether Australia already has the best leave entitlements in the world. We offer 20 days of annual leave, 10 days of personal leave, long service leave, family and domestic violence leave, and compassionate leave, to name just a few.

Small businesses are already feeling the strain of offering these benefits. They’re struggling with rising costs, and many can’t afford to take on the burden of another leave category without it impacting their bottom line. It’s not just about the financial cost either—it’s about managing resources when staff are frequently on leave.

Small Business Realities

In my work with small business owners, I’ve seen firsthand how difficult it is to balance the needs of employees with the financial and operational demands of running a business. Many SMEs don’t have the luxury of large HR teams or the financial reserves to absorb additional leave costs. Every employee absence can have a ripple effect on productivity and profitability. If we continue to add new forms of leave, such as reproductive leave, businesses will be left with the bill, and it’s the smaller ones that will suffer the most.

I fully support the need to create workplaces that are more inclusive and understanding of women’s health. However, I believe the solution lies in flexibility, not more legislated leave. Employers should be encouraged to offer flexible working arrangements and provide education about menopause rather than be mandated to offer yet another type of leave that businesses simply cannot afford.

A Balanced Approach

So, where does this leave us? The Senate enquiry has opened up an important conversation, and I applaud its intent. However, I believe we need to find a balance that supports women without placing undue pressure on businesses. The government cannot continue to expand on leave entitlements with no funding or support. In many other countries, many forms of leave are, in fact, government-funded.

Flexibility and education should be at the forefront of this approach. Let’s start off by encouraging more open conversations about menopause and providing resources to help women manage their symptoms at work. This starts with better education and training on the front line with GPs and medical practitioners. But let’s also consider the long-term impact on businesses, particularly SMEs, when new forms of leave are introduced.

Written By Emily Jaksch