Paid Period Leave for Australian Women: A Prerogative Not a Pain

Abstract

This article explores a contentious question: should Australian women be entitled to paid menstrual leave under the Fair Work Act 2009 (Cth) (‘Fair Work Act’)? It argues that women who menstruate are not necessarily ‘ill’ or ‘injured’ for the purpose of accessing personal/carer’s leave under the Fair Work Act. Rather, menstruation is a natural part of being female. This article then outlines the benefits of a statutory leave provision allowing for paid menstrual leave, which is preferable to one implemented under a workplace policy. Arguments commonly raised concerning the potential impacts of a menstrual leave scheme on gender equality are assessed, as are approaches taken to menstrual leave internationally. Ultimately, it is recommended that a statutory paid menstrual leave scheme should be introduced in Australia, the impact of which will be to place those who menstruate on a level playing field in the workplace.