Skip to main content Your Leave Entitlements
In Australia, employees with endometriosis are entitled to a variety of workplace rights and leave entitlements to help manage their condition while ensuring they receive the support they need. This page provides information about the leave options available to employees who are managing endometriosis, including sick leave, paid and unpaid leave, and additional accommodations that may be available under Australian workplace laws. Please note there may be state government laws that differ around Australia.
1. Sick Leave and Personal/Carer's Leave
Under the Fair Work Act 2009, all employees (whether full-time or part-time) are entitled to sick leave or personal/carer’s leave when they are unwell or need to care for a family member. For employees with endometriosis, this leave can be used for:
- Taking time off when symptoms are severe (such as during menstruation or flare-ups).
- Attending medical appointments, tests, or treatments related to endometriosis.
Full-time employees accumulate 10 days of paid personal/carer's leave each year, which can be used for sick days or to care for a loved one. The leave is pro-rata for part-time employees.
What you need to know about sick leave:
- Accrual of sick leave: Sick leave is accrued progressively throughout the year based on your ordinary hours of work.
- Use of sick leave: You do not need to specify the exact nature of your illness when requesting sick leave, but employers may require a medical certificate or a statutory declaration to support your absence.
- Unpaid sick leave: If you have used up all your paid sick leave, you may take unpaid leave if your employer agrees.
2. Additional Leave Options
Annual Leave (Paid Vacation Leave)
Annual leave is another important entitlement for employees in Australia. All full-time and part-time employees are entitled to 4 weeks of paid annual leave per year of service. If you are experiencing ongoing health issues related to endometriosis that require extended time off, annual leave may be used.
Unpaid Leave
You may be entitled to unpaid leave if you have exhausted your paid sick leave or annual leave. This can provide additional time off if you need to manage your condition or recovery from surgery.
Special Leave and Flexible Work Arrangements
In some cases, employees with endometriosis may be eligible for additional special leave or flexible work arrangements. This includes options such as:
- Flexible working hours: Arrangements that allow employees to modify their working hours or work from home to better manage their health and condition.
- Reduced hours: If endometriosis causes chronic fatigue or pain, you may be able to reduce your work hours to help manage the condition.
- Job-sharing arrangements: Some employers may offer job-sharing or part-time options to allow more flexibility in work schedules.
To explore these options, it’s important to discuss your needs with your employer or HR department.
3. Workplace Rights
The Disability Discrimination Act 1992 protects individuals with chronic conditions like endometriosis from discrimination in the workplace. Employers are required to make reasonable adjustments to support employees with endometriosis, such as allowing flexible work arrangements or providing additional leave when necessary.
If you experience discrimination or find that your employer is unwilling to provide reasonable accommodations, you can lodge a complaint with the Fair Work Ombudsman or the Australian Human Rights Commission.
4. Talking to your employer
If you are living with endometriosis and need additional support in the workplace, it’s important to talk to your employer or HR department about your needs. They may be able to offer accommodations, flexible hours, or other forms of assistance to help manage your condition. You can also seek advice from your doctor or a specialist on how to manage your symptoms while at work. Having a doctor’s support and providing a medical certificate can help substantiate your requests for time off or accommodations.
More information about talking to your employer about endometriosis here.
Managing endometriosis while working can be challenging, but understanding your leave entitlements and rights is key to ensuring that you receive the support you need. Whether it’s using sick leave for flare-ups or arranging flexible work options, there are legal protections and accommodations available to help employees manage their condition.
If you need more information or advice about your specific situation, reach out to a professional, HR representative, or legal expert for support.