New report notes impact on ability to work, recommends legislative protections
In September 2024, the Senate Community Affairs References Committee published a report on issues related to menopause and perimenopause. The report makes 25 recommendations targeted at improving awareness and expanding treatment options available to women experiencing symptoms of menopause or perimenopause in Australia.
Considering the report, employers should turn their minds to workplace practices and policies that can support a safe and inclusive workplace for women experiencing menopause and perimenopause.
The committee looked at the impact of menopause and perimenopause on work and the related economic consequences. The report found that “the mental health symptoms of menopause can also have broader impacts, including loss of confidence, as well as challenges in the workplace or feeling unable to continue to perform in a professional setting” and that the lack of awareness about perimenopause and menopause and “the stories shared with the committee demonstrate the unnecessary harm currently experienced by too many women across the country.”
As such, the report notes that the symptoms of menopause can impact a person’s ability to work due to both physiological symptoms and stigma in the workplace, making this both a safety and inclusivity issue.
In recommendation 6, the committee advocated for consideration of “amendments to Section 65 of the Fair Work Act 2009” which, if enacted, would entitle employees to “access flexible working arrangements during menopause” and, in recommendation 7, encouraged “Australian workplaces to develop perimenopause and menopause workplace policies in consultation with their employees.”
Although Australian legislation doesn’t explicitly provide protections for menopause at work, employers should be mindful of their obligations under health and safety and discrimination laws when it comes to women experiencing symptoms of menopause in the workplace. Further, it is advantageous to employers in terms of both commercial success and employee retention to support their employees whilst also taking a proactive approach in this area.
A good place for employers to start is with education and awareness. It is important to ensure that key stakeholders understand the impact of menopause and perimenopause in the workplace and the significance of this as both a safety and inclusivity issue.
Given that the report noted that many women were uninformed and unprepared, and that they could not easily access support and information, there can be a role for employers to assist employees so that they feel supported and do not consider leaving their roles.
Employers looking to expand, formalise or communicate their commitment to a safe and inclusive workplace may want to implement, adapt or expand a policy. Although there is no one-size-fits-all, a good menopause wellbeing policy should be flexible and provide opportunities for employees to manage their own symptoms. Importantly, there are a variety of policy options available to employers to support employees including:
A range of resources have already been developed to assist employers navigating menopause in the workplace, including:
Taboka Finn is a Special Counsel at Maddocks in Melbourne, specialising in employment law. Emily Kidd is a Law Graduate at Maddocks in Melbourne.
