What is special fertility treatment leave?

Fertility treatment leave is a NSW public health system entitlement which commenced on 1 October 2022 and provides up to five days paid special fertility leave per calendar year.

Fertility treatment means the following assisted reproductive treatments: intrauterine insemination (IUI), in vitro fertilisation (IVF) and intracytoplasmic sperm
injection (ICSI). 

This is available to an employee who is absent from work to undergo fertility treatment. The leave is non-cumulative and can be taken in part-days, single days or consecutive days. Paid special fertility treatment leave must not be taken concurrently with any other form of leave. Paid special fertility leave is not available to a partner of a person undergoing fertility treatment.

This type of leave is relatively new and is not published in the current version of the Public Health System Nurses & Midwives’ (State) Award 2023. It is however referenced in the current Leave Matters Policy Directive PD2023_045.