Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025 explained

The short answer

Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025 explained

The Fair Work Amendment (Paid Reproductive Health Leave and Flexible Work Arrangements) Bill 2025 is a private senator's bill introduced by Senator Larissa Waters (Australian Greens) in the Senate on 26 March 2025. The bill would amend the Fair Work Act 2009 to create a new entitlement of 12 days of paid reproductive health leave per 12-month period for all employees, and to give employees experiencing perimenopause or menopause symptoms an explicit right to request flexible working arrangements. It would also amend the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 to enable collection of data on reproductive health leave. The bill lapsed at the end of the 47th Parliament on 21 July 2025 and was restored to the Notice Paper on 23 July 2025, where it remains before the Senate.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

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What the bill proposes to do

The bill has three components. First, it creates a new National Employment Standard entitlement under the Fair Work Act 2009: 12 days of paid reproductive health leave per 12-month period. Reproductive health leave would cover circumstances related to menstruation, perimenopause, menopause, fertility treatment (including IVF), endometriosis, polycystic ovary syndrome, pregnancy loss, vasectomies, hysterectomies, and related medical appointments.

Second, it amends the Fair Work Act's flexible working arrangements provisions to explicitly allow employees experiencing symptoms of perimenopause and menopause to request flexible work. Flexible work arrangements could include changes to hours of work, patterns of work, or location of work. While the Fair Work Act already contains a general right to request flexible work, this bill would specifically recognise menopause-related needs as a ground for such requests.

Third, the bill amends the Workplace Gender Equality (Matters in relation to Gender Equality Indicators) Instrument 2023 to enable the Workplace Gender Equality Agency to collect data from employers on the uptake and availability of reproductive health leave. This data collection is designed to support evidence-based policymaking in this area.

Evidence review

Who is affected

All employees covered by the Fair Work Act 2009 would be entitled to the new leave, meaning most Australian workers in the private sector and those in Commonwealth public sector roles (state public sector employees are generally covered by state industrial relations systems). Employers would be required to provide the leave and accommodate flexible work requests, unless there are reasonable business grounds to refuse.

The bill is specifically designed to address health conditions that disproportionately affect women and people assigned female at birth, though the leave provisions are not limited by gender — vasectomies and other male reproductive health procedures are also covered.

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Parliamentary history

The bill was introduced by Senator Larissa Waters on 26 March 2025 and the second reading was moved the same day. It lapsed when the 47th Parliament ended on 21 July 2025 — this is standard for bills that have not completed their passage. The bill was restored to the Notice Paper on 23 July 2025 under the Senate's procedures for the new parliament.

As of July 2026, the bill has not progressed to second reading debate, no amendments have been circulated, and it has not been referred to a committee for inquiry. It remains in the 'Before Senate' category with the second reading having been formally moved.

Evidence review

Existing entitlements and how this bill would change them

The Fair Work Act 2009 currently provides 10 days of paid personal/carer's leave per year, which can be used for personal illness or injury. Some enterprise agreements and workplace policies already include provisions for reproductive health leave, but there is no universal statutory entitlement. The bill would create a standalone paid entitlement of 12 days on top of the existing 10 days of personal leave.

Flexible working arrangement requests are currently available under the Fair Work Act to certain categories of employees (including parents, carers, people with disability, and those aged 55 and over). The bill would add employees experiencing perimenopause and menopause to the categories of people with an explicit right to request flexible work.

Evidence review

Evidence and the policy debate

The bill reflects a policy position advanced by the Australian Greens. As a private senator's bill, it does not represent government policy. The explanatory memorandum sets out the sponsor's rationale and references research on the economic costs of untreated reproductive health conditions — but readers should note that this is an advocacy document, not an independent assessment.

No parliamentary committee has inquired into this specific bill and no Bills Digest has been prepared. The evidence base would need to be tested through the parliamentary committee process, were the bill to be referred. Key areas of uncertainty include the cost to employers, the interaction with existing leave entitlements, and how reproductive health leave would operate in practice across different workplace sizes and industries.

Evidence review

Prospects and next steps

As a private senator's bill, this proposal would require government support or a majority vote in the Senate to proceed. The government has not indicated support for the bill. The bill lapsed at the end of the 47th Parliament and was restored to the Notice Paper in the 48th Parliament, and as of July 2026 it remains at the second reading stage without further debate.

For the bill to advance, it would need to be called on for second reading debate by the Senate. If debated and agreed to, it would proceed through the remaining Senate stages and then to the House of Representatives. A possible path forward would be referral to a Senate committee for inquiry, which would allow stakeholders to provide evidence and the committee to make recommendations. However, no committee referral has been made at this stage.

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