Google AI
The Times Australia

Times Media Advertising

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[1] 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[2] 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[3]” 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[4] 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[5] 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[6]”.

Read more: Balancing work and fertility isn't easy – but reproductive leave can help[7]

A growing number of Australian companies[8] and the NSW government[9] 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[10] 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[11] to introduce paid bereavement leave for public sector employees for miscarriage, stillbirth and other types of pregnancy loss, including abortion.

The move was praised[12] 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.

References

  1. ^ Roe versus Wade (www.nytimes.com)
  2. ^ Fair Work Act (womensagenda.com.au)
  3. ^ spontaneous (www.fairwork.gov.au)
  4. ^ gender equity (www.smh.com.au)
  5. ^ one quarter (onlinelibrary.wiley.com)
  6. ^ uncomfortable – personally uncomfortable (www.theguardian.com)
  7. ^ Balancing work and fertility isn't easy – but reproductive leave can help (theconversation.com)
  8. ^ Australian companies (www.womenshealth.com.au)
  9. ^ NSW government (womensagenda.com.au)
  10. ^ reproductive health and wellbeing (www.reproductivehealthleave.com.au)
  11. ^ first in the country (www.opb.org)
  12. ^ praised (blogs.bmj.com)

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

Times Magazine

ROAD SAFETY RISK: NEW DATA REVEALS ALMOST 2 IN 3 AUSSIE DRIVERS ARE LETTING CAR MAINTENANCE SLIDE AS COST-OF-LIVING PRESSURES BITE

Australians are putting off vehicle maintenance and new research released on the eve of National R...

Woodroffe footy club BBQ legend crowned in national Bunnings search

Bunnings has found its latest community hero, naming Brent Tanner from Darwin Buffaloes Football C...

VoltX Energy expands into Victoria & ACT to meet surging home battery demand

Leading Australian energy solutions provider VoltX Energy and premier sponsor of the NRL Manly Wa...

Victorian Drivers To Receive 20% Rego Rebate From June 1 In Major Cost-Of-Living Measure

Victorian motorists will begin receiving significant registration savings from June 1 as the Allan...

How Australian Businesses Are Using AI To Cut Costs And Improve Efficiency

Artificial intelligence was once viewed by many small business owners as something futuristic, exp...

Quickest Way of Getting Rid of Your Old Cars in Brisbane?

If you are done searching for a practical solution for quickly getting rid of your old car, this w...

The Human Supplement Craze Has Officially Gone to the Dogs (Literally)

Australians’ appetite for supplements is no longer limited to their own vitamin cabinets. New reta...

AI Guilt: It’s Real — But it is irrational

Artificial intelligence is rapidly becoming one of the most powerful tools ever made available to ...

Australians Are Keeping Their Cars Longer — And It’s Changing The Market

Australia’s car market is undergoing a subtle but important transformation. People are keeping th...

The Times Features

McDonald’s Australia keeps innovating as Red Bull lands…

For decades, McDonald’s Australia has been associated with burgers, fries, coffee and soft drinks...

Woodroffe footy club BBQ legend crowned in national Bun…

Bunnings has found its latest community hero, naming Brent Tanner from Darwin Buffaloes Football C...

Low Maintenance Front Garden Ideas with Tropical Hibisc…

Front garden inspired by tropical low-maintenance design Introduction Creating an attractive front...

How Solar + Battery + Electricity Credits Work Together…

In Australia, more households are turning to solar and battery systems as electricity prices conti...

Most Australians think the Budget Just Changed the Rule…

A generation of Australians may be entering the biggest rethink of wealth creation since the rise ...

Remember All-You-Can-Eat Restaurants? Australia Still M…

For many Australians, few dining experiences created more excitement than the words: “All you can ...

Australia’s Changing Family Dynamic: When Adult Childre…

Australia’s housing affordability crisis is no longer simply an economic issue. It is reshaping t...

ASX Movements Since Labor’s Budget: What Investors Are …

Australia’s share market has spent recent weeks digesting the implications of Labor’s federal budg...

QLD Day

On Saturday 6 June, parkrun events across the state will be a sea of maroon, with communities  str...