39. Gender affirmation leave

39.1. ANU encourages a culture that is supportive of transgender and gender diverse staff and recognises the importance of providing a safe, positive and inclusive environment for staff members undertaking gender affirmation.

39.2. Gender affirmation describes a range of actions and possibilities involved in a person affirming their gender, which may be different from the one they were assigned at birth.

39.3. The University recognises and protects the privacy of gender affirming staff members. Information provided for the purpose of accessing entitlements under this clause must be handled confidentially by supporting staff. More general disclosures in the workplace will be led by the affirming staff member.

Gender affirmation leave entitlement

39.4. Staff members (other than a casual staff) are entitled to up to 20 days of paid gender affirmation leave (pro-rata for part time employees) per year for the purpose of taking steps to affirm their gender.

39.5. Casual staff members are entitled to up to 20 instances of paid gender affirmation leave per year for the purpose of taking steps to affirm their gender. An instance shall consist of one day, and the entitlement to paid leave will be for all work a casual staff member was rostered to work on that day. For the avoidance of doubt, a casual staff member may take multiple instances of paid gender affirmation leave consecutively.

39.6. These gender affirmation processes may include:

1. social and legal affirmation (for example, changing the staff member’s name and/ or gender marker, such as on personal identification documents such as a passport, birth certificate, driver licence, and banking documentation); and
2. medical affirmation (for example, surgery and/or hormone therapy, attendance at medical and/or counselling appointments, and rest and recovery from medical procedures).

39.7. Gender affirmation leave is paid at the staff member’s ordinary hourly rate, and does not accrue from year to year.

Taking gender affirmation leave

39.8. A staff member may take gender affirmation leave in one block or in lesser periods as required.

39.9. If a staff member has exhausted their paid gender affirmation leave entitlement and they require additional leave to manage social or legal affirmation processes, they may use their accrued annual or long service leave, or a period of leave without pay as agreed with their supervisor.

39.10. If a staff member has exhausted their paid gender affirmation leave entitlement and they require additional leave to manage medical affirmation processes, they may take paid personal leave in accordance with the personal leave provisions.

Notice and evidence requirements

39.11. A staff member must give reasonable prior notice to the University of their intention to take gender affirmation leave. Such notice must:

1. advise the University of the period of leave proposed to be taken; and
2. be accompanied by evidence that would satisfy a reasonable person that the leave is being taken for gender affirmation purposes. Such evidence may include a medical certificate, document issued by a registered practitioner, a lawyer, or a State, Territory or Federal government organisation, statutory declaration or other suitable supporting documentation.

Flexible work arrangements

39.12. A staff member may request flexible work arrangements, for instance to change their hours or days or other options during their gender affirmation in accordance with clause 45 (Flexible work arrangements) of this agreement.