Specific statutory recognition lacking, but human rights legislation may apply
While New Zealand employment law offers protections for pregnancy, childbirth, and breastfeeding, it remains silent on other critical aspects of health that significantly impact the lives of those impacted.
Sexual and reproductive health, particularly for women and those with female reproductive systems, has become increasingly topical, and rightly so. Historically, it’s an area that has been underfunded, overlooked, and poorly understood, despite affecting nearly half the population, according to Statistics New Zealand. In the context of the paid workforce, this neglect can be partly attributed to the fact that men previously made up the majority of the workforce. But that’s no longer the case, with women’s growing participation in the labour market having been a significant contributor to New Zealand’s economic development.
The reality is that sexual and reproductive health can significantly impact a person’s ability to engage in and maintain employment. Although there are some existing legal protections, health matters like menstruation, perimenopause, menopause, endometriosis, and infertility are not specifically dealt with in our current legal framework. These issues can seriously impact wellbeing, job performance, and participation. Given this, its worth considering a few of these health concerns and whether the current the framework adequately guides employers as to how to respond.
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