New provisions in ERA may introduce menstrual leave

New provisions in the Employment Relations Act, aimed at enhancing protection for women in the workplace, could allow women to use three out of the 10 days of sick leave if they are suffering due to menstruation, take leave if they suffer a miscarriage, and have access to more days of maternity leave.

Acting Director of Labour Standards Service, Daniel Tagivakatini, highlighted this during a public consultation on the Employment Relations Act at the Nausori Market.

While acknowledging that it is not an illness, Tagivakatini says specific days for menstruation leave should be considered, though this is something they will examine further.

He further says a new provision will also provide leave for women who suffer a miscarriage where a woman can receive up to three working days of leave if a miscarriage occurs between the zero and 12th week of pregnancy.

Tagivakatini says if a miscarriage occurs between the 13th and 23rd week, the woman can receive seven days of leave, while maternity leave provisions will apply if a miscarriage occurs after the 24th week.

He also says nursing mothers could receive a 30-minute paid daily rest period, but its implementation will depend on the workplace policy.

The Acting Director further says women can get up to six months of maternity leave, although only the first three months will be paid.

He adds that women may take an additional three months of unpaid leave if they or their baby experience complications.

However, Tagivakatini says after this period, the employer will have the prerogative to terminate the contract if the woman is unable to fulfill her duties under the contract.

Public consultations on the Employment Relations Act and the Work Care Bill 2024 will continue at the Suva Civic Centre from 9am to midday and at the Namosi Provincial Council Hall from 3pm to 6pm tomorrow.