Gender Affirmation Leave and other supports

Application

This Policy applies to all departments and public sector bodies of the State of Victoria and their non-executive level employees, as defined under the Public Administration Act 2004 (Vic) (PA Act) and other Victorian legislation.

Overview

The Government promotes the development of safe, inclusive and diverse workplaces that support transgender, gender diverse and non-binary employees. A supportive work environment plays a central role in enhancing wellbeing. Employers have a responsibility to ensure transgender, gender diverse and non-binary employees have a supportive environment to work in.

Gender affirmation is a process through which an employee affirms their gender identity to align more closely with their internal sense of self. Gender affirmation may also be referred to as gender transition. Gender affirmation is an employee-led process that an individual will go through at their own pace and may require different employer supports along the way. The gender affirmation process may be impacted by a range of things including: cultural, racial, religious, disability-related, and socioeconomic factors. Gender affirmation is not a linear process, and there is no set timeframe, duration, or clear start or end point.

It is against the law to discriminate against someone based on their gender identity, sex, or sex characteristics, such as someone with intersex variations. Each transgender, gender-diverse and non-binary employee is unique and will have a different affirmation experience. Enterprise agreement provisions must be inclusive, support these differences, and must not unduly restrict access to the entitlements provided.

Employers will need to develop workplace specific supports - such as flexible work arrangements, flexible access to leave and inclusive workplace policies - to ensure employees affirming their gender are able to plan their affirmation within the workplace free from discrimination, bullying, sexual harassment, vilification and victimisation, and ensure access to emotional wellbeing supports such as Employee Assistance Programs (EAP) throughout all stages.

Gender Affirmation Leave

Public Sector employers must include in their enterprise agreements gender affirmation provisions that:

Provide up to 20 days’ paid leave to employees (excluding casuals) to support gender affirmation, including but not limited to medical, psychological, legal, administrative, and social affirmation activities, to be taken flexibly over the life of the employee’s employment.
Provide access to additional unpaid leave (up to 48 weeks) for employees other than casual employees.
Provide access to unpaid leave of up to 52 weeks duration for casual employees.
Provide that employees who exhaust the paid leave component of the Gender Affirmation Leave may access other forms of accrued paid leave.
Provide that Gender Affirmation Leave will not be unreasonably refused.
Provide that Gender Affirmation Leave may be taken flexibly as consecutive, single or part days (as agreed between the employee and employer).
Outline appropriate notice and evidentiary requirements for accessing leave and other supports.
Consider intersectional barriers that transgender, gender-diverse and non-binary employees may experience.

To support public sector employers to meet these expectations, a model clause representing current best-practice standards for inclusivity and employee wellbeing is provided in Attachment A. Employers are encouraged, though not required, to adopt this model clause or may develop a more beneficial provision. In the absence of using the model clause, public sector employers are responsible for ensuring their provisions meet or exceed the minimum standards and guidelines outlined in this policy.

Other supports

Employers and managers have a responsibility to ensure transgender, gender-diverse and non-binary employees have a supportive and inclusive workplace environment to work in. Further to providing paid and unpaid leave entitlements, employers should offer other workplace supports including, but not limited to:

Updating human resources and IT systems: Ensuring chosen names, pronouns, gender markers, and email accounts reflect employees’ affirmed identities promptly and respectfully.
Provision of guides for managers and other employees to support them to provide inclusive and appropriate supports to the employee affirming their gender.
Inclusive facilities: such as all-gender bathrooms and accessible changing rooms. Accessible and inclusive facilities should be clearly identified.
Communication and confidentiality protocols: Clear guidance around respectful and inclusive communication, appropriate disclosure of information, and privacy protections consistent with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic).

Employers must also support the wellbeing of employees affirming their gender through dedicated resources such as providing access to Employee Assistance Programs (EAP) and establishing a point of contact within the Human Resources or People & Culture team (or equivalent). Workplace supports should consider intersectional barriers that transgender, gender-diverse and non-binary employees may experience.

For VPS employers, the Victorian Public Sector Commission has developed resources to support employers through an employee’s gender affirmation journey. While these resources are intended for VPS employers, broader public sector employers may find them a useful guide.

Further Information

Employees and public sector union representatives seeking advice or assistance should contact their local Human Resources or People and Culture Unit (or equivalent) for further assistance in the first instance.

People and Culture representatives in Public Sector Entities requiring further support should contact their Portfolio Department for further assistance in the first instance.

People and Culture representatives within Portfolio Departments should contact their usual IRV portfolio contact for additional guidance in the first instance.

All enquiries will be treated confidentially and handled sensitively, in accordance with relevant privacy legislation including the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic).

Employees may also directly access wellbeing support through their organisation’s EAP.

Employees seeking external information, or support may also contact specialist external services, including:

Gender affirmation in Victorian public sector workplaces

Attachment A

Gender Affirmation Leave and other supports - Attachment A

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Updated 16 February 2026