Fertility and IVF leave in Australia
Reviewed by Mellow Editorial Team, HR & payroll content team
Fertility and IVF leave is not yet a statutory entitlement under the National Employment Standards, so there is no universal legal minimum. What employees receive depends on your enterprise agreement, modern award, or individual employment contract — and an employer's own policy choices.
The current legal position
The Fair Work Act and the National Employment Standards do not include a dedicated fertility or IVF leave category. That said, employees undergoing fertility treatment are not without any protections.
Existing NES entitlements that may apply include:
- Personal/carer's leave (10 days per year for full-time employees) — an employee can use this for medical appointments, egg retrieval procedures, or recovery from treatment, provided the absence fits the definition of a personal illness or injury.
- Annual leave — employees are entitled to four weeks per year and may request to take this to cover treatment periods.
- Unpaid parental leave — once a pregnancy is confirmed, standard parental leave protections apply. The pathway to that pregnancy, however, is not separately protected.
An employee cannot be dismissed or adversely treated because they are undergoing fertility treatment. That would likely constitute discrimination under state and territory equal opportunity laws, or unlawful adverse action under the Fair Work Act.
What enterprise agreements and awards say
Some enterprise agreements — particularly in the public sector, universities, and larger corporates — already include specific fertility leave provisions. These typically provide between one and five days of paid leave per IVF cycle, though the exact entitlement varies widely. A handful of agreements go further and include travel time, counselling, and leave for partners or co-parents.
If your workforce is covered by a modern award, check whether a recent variation has introduced fertility-related provisions. The Fair Work Commission has been reviewing award conditions and employer obligations are evolving. Where an agreement or award provides more generous conditions than the NES, the more generous provision always applies.
Designing your own fertility leave policy
If your business is not covered by an agreement that includes fertility leave, building a policy from scratch is a practical way to support staff and reduce turnover. Here is what a workable policy usually covers.
Scope. Define who is eligible — employees at a certain tenure threshold, for example six months of continuous service — and whether the policy covers partners and co-parents, not just the person undergoing treatment.
Quantum. Most employer policies provide somewhere between two and ten days of paid leave per treatment cycle, separate from personal leave. Some cap the total across a rolling 12-month period. Setting a clear limit gives budget predictability while still being genuinely useful.
Evidence. You can require reasonable evidence — a medical certificate or a letter from a treating specialist — without requiring employees to disclose the specific nature of their treatment in detail. Keep the requirement proportionate.
Confidentiality. Fertility treatment is sensitive. Your policy should state explicitly how information is handled, who has access, and that managers are not to discuss an employee's circumstances with colleagues.
Flexibility. IVF appointments are often determined at short notice based on hormonal cycles. A policy that requires five days' advance notice is largely unworkable. Build in an acknowledgement that appointments may arise quickly and that reasonable adjustment is expected from managers.
Payroll and administrative considerations
If you introduce paid fertility leave, you need to decide how it sits within your payroll and leave management system. A few practical points:
- Paid fertility leave is ordinary earnings and subject to PAYG withholding, Medicare levy, and the Superannuation Guarantee (currently 12% of ordinary time earnings) in the same way as regular pay.
- It should be reported through Single Touch Payroll at each pay event, with the correct leave type or earnings category assigned.
- If your payroll software does not have a pre-built leave type for fertility leave, you can usually create a custom category. Make sure the settings correctly include it in ordinary time earnings for super purposes.
- If an employee's HECS/HELP debt is being repaid through payroll, fertility leave payments count toward the income calculation in the same way as other ordinary pay.
Supporting employees through treatment
Beyond policy mechanics, how managers actually respond to fertility treatment requests matters. Treatment cycles can be physically and emotionally demanding, and outcomes are uncertain. Employees may experience failed cycles, miscarriage, or the end of fertility treatment altogether.
Practical support includes flexible start and finish times where the role allows, access to an employee assistance programme, and a clear process for employees to raise concerns confidentially. Training managers to respond with discretion — not curiosity or assumptions about timelines — is often where the practical value sits.
The legislative landscape in this area is shifting. Several state governments and federal parliamentary inquiries have examined dedicated fertility leave as a standard entitlement. Employers who have already built a clear, fair policy are better placed regardless of how that debate resolves.
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