Menopause and Menstruation & Better Wellbeing in the Workplace

Your Workplace Rights

1. Anti-Discrimination Protections

• The Fair Work Act 2009 (Cth) and Sex Discrimination Act 1984 (Cth) protect workers from discrimination based on sex and disability (which can include conditions related to menstruation and menopause).
• The Northern Territory Anti-Discrimination Act 1992 prohibits discrimination based on sex and special need, meaning employers cannot treat workers unfairly due to menopause or menstruation-related symptoms.

2. Work Health and Safety (WHS) Protections

• Under the Work Health and Safety Act 2011 (NT), employers must ensure a safe work environment, which includes considering health conditions like menstruation and severe menopause symptoms (e.g., fatigue, endometriosis, migraines, anxiety, mood swings, heavy bleeding, brain fog or hot flashes).
• Workers have the right to request reasonable adjustments from their employer to ensure they can work safely and comfortably.

3. Leave Entitlements

• Personal/Carer’s Leave: Under the National Employment Standards (NES), workers are entitled to 10 days of paid personal leave per year (for full-time employees) for health-related needs, including severe menstruation or menopause symptoms.
• Flexible Work Arrangements:  The Fair Work Act 2009 (Cth) - Workers experiencing long-term health effects may request changes in work hours, location, or duties. Employers can only refuse on reasonable business grounds . 
• In addition, for eligible employees under the National Employment Standards (NES) over 55 years of age and with the same employer for 12 months may apply for flexible work arrangements. This would enable you to find ways to perform your work, retain your job and manage symptoms of menopause.

Workplace Adjustments & Best Practices

Employers Should:

✔ Provide a safe workplace which encourages open discussions and enables an employee to seek the support they need and to work out a solution that works for both the worker and workplace.   

✔ Allow flexible work arrangements, including remote work or adjusted hours.

✔ Offer temperature control options, such as fans or breathable uniforms.

✔ Educate staff on menopause and menstruation to reduce stigma, discrimination and ridicule.

✔ Develop workplace policies that acknowledge these issues and outline available support including providing specific menstruation and menopause leave in addition to normal personal leave.

 ✔ Provide access to clean restrooms and sanitary products.

Workers Can:

✔ Speak to HR or a manager about necessary workplace adjustments.

✔ Use personal leave when symptoms significantly impact work.

✔ Request flexible work arrangements (e.g., working from home on difficult days).

✔ Seek support through employee assistance programs (EAPs) or workplace wellness programs.