Read The Times Australia

Daily Bulletin

We're putting gender at the heart of the Fair Work Act, but there's still no compassionate leave for abortions

  • Written by: Sydney Colussi, University of Sydney
We're putting gender at the heart of the Fair Work Act, but there's still no compassionate leave for abortions

This year’s landmark decision of the US Supreme Court to overturn the constitutional right to abortion established by the Roe versus Wade judgement in 1973 leaves Australian women better off than those in the United States.

Abortion has been decriminalised in every Australian state and territory, and following amendments to the Fair Work Act last year, eligible women are entitled to two days of paid compassionate leave for miscarriages.

But the Act defines miscarriage very narrowly as the “spontaneous” loss of an embryo or foetus – a definition that suggests other terminations will be excluded on the ground they are “non-spontaneous”.

Distinguishing between “spontaneous” and “non-spontaneous” pregnancy loss makes some types of loss look more worthy of support than others.

Labor says it wants to put gender equity at the heart of the Fair Work Act. This gap in the Act deals with a sensitive topic, but remaining silent on it will disadvantage some workers, perhaps as many as one quarter of Australian women.

‘Non-spontaneous’ as worthy as spontaneous

Ending a pregnancy for personal or socio-economic reasons rather than because of an act of nature or a medical necessity does not make the physical and emotional toll any less.

Ignoring or minimising the grief, trauma and stigma that comes with an abortion threatens not only to undermine the reproductive rights of Australians but also to entrench gender inequality in the workplace.

It was the same in New Zealand when it introduced paid bereavement leave for miscarriage several months before Australia in March last year.

New Zealand National Party member of parliament Erica Stanford said that while she supported the bill, the grief and anguish and trauma experienced during an abortion and the fact that it was not recognised in the bill made her feel “uncomfortable – personally uncomfortable”.

Read more: Balancing work and fertility isn't easy – but reproductive leave can help

A growing number of Australian companies and the NSW government are also introducing paid leave for pregnancy loss, but it appears to be similarly limited.

The Australian Council of Trades Unions and the Health and Community Services Union are campaigning for a broader reproductive health and wellbeing leave that encompasses abortions as well as conditions including menstrual pain, perimenopause and menopause, endometriosis, infertility treatments, vasectomy, hysterectomy and gender transition.

Portland, Oregon shows the way

Perhaps surprisingly, there’s a model for how to make it work in the United States.

Prior to the overturning of Roe versus Wade, the city of Portland, Oregon made headlines in 2021 for being the first in the country to introduce paid bereavement leave for public sector employees for miscarriage, stillbirth and other types of pregnancy loss, including abortion.

The move was praised by reproductive health policy experts for its capacity to destigmatise abortion and recognise the important role employers have to play in caring for their workers.

Australia has the potential to be the next world leader in gender work policy, building on our initial success in recognising pregnancy loss.

Authors: Sydney Colussi, University of Sydney

Read more https://theconversation.com/were-putting-gender-at-the-heart-of-the-fair-work-act-but-theres-still-no-compassionate-leave-for-abortions-192736

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...