When you're a Pregnant Worker
Perhaps you are starting to come around to the idea of the pitter-patter of little feet , or you may be well on your way to becoming a mother. Some women are often confused with their rights and where they stand in relation to pregnancy in the workplace. Did you know that discrimination against women because of their pregnancy, or possible future pregnancy, is against the law under the federal discrimination Act 1984?
Read on to find out about your rights regarding pregnancy in the workplace and your maternity leave rights.
It is against the law for someone to treat you less favorably than another person simply because you are pregnant or because you may become pregnant, this is direct discrimination. An example of direct discrimination -
During a job interview, a woman was asked by the selection panel whether she intended to have children. Although she was taken aback by the question, she said that she would eventually like to have a family. Although she was the most qualified and experienced candidate, she did not get the job. This is direct discrimination on the ground of potential pregnancy.
An example of indirect indiscrimination -
An employer requires the cashiers in a supermarket to stand at all times. On the surface this requirement does not discriminate against any group of workers. However, it will be more difficult for pregnant women to comply with than for others, especially in the later stages of pregnancy. If this requirement is unreasonable in the circumstances, perhaps because cashiers could be provided with chairs and do most of their work while seated, then this is indirect discrimination.
When could it happen
Maternity leave rights
The Federal
Industrial relations act states that women have a right to maternity leave. If you have been you're your employer for over a year and are not a casual you are entitled to unpaid maternity leave of up to a year.
This includes six weeks compulsory leave (which may be paid or unpaid depending on where you work) after the birth.
The Act also provides paternal leave, including paternity leave, and adoption leave.
Most state and federal awards provide maternity leave rights along these lines. They may also include parental leave provisions, including a parent's entitlement to work part time up to the child's second birthday. Your ability to work part time was considerably extended by the Carers Leave Test Case Decision 1995. This decision also allows you to use up to five days of your leave entitlements every year to care for ill family members.
How to apply for maternity leave
Check with your union or employer as thee rules can vary. In general, there are some set time periods for applying for leave, for providing a doctors certificate showing expected date of return, and also for giving notice of return to work. The leave arrangements can be changed any number of times if both you and your employer agree. Otherwise, you have the right to extend your leave once, up to a maximum of 52 weeks.
Upon returning to work you are entitled to the same job you held before going on leave. If you have been transferred to another safer job, you have the right to return to the job you held before the transfer. If the job no longer exists, you are entitled to a job similar in pay and status.
For further help and advice on these matters contact the following organization in your state:
Human Rights and Equal Opportunity Commision National Office
Toll Free 1800 021 199
Queensland Anti discrimination board
Toll Free 1800177 822
HREOC Tasmania
Toll Free 1800 001 222
HREOC Northern Teritory
089 819111
Victoria Equal opprtunity commision
Toll Free 1800 134 142
South Australia Commisioner for equal opportunity
Toll Free 1800 188 163
Western Australia Equal Opportunity Commission
Toll Free 1800 198 149
Read on to find out about your rights regarding pregnancy in the workplace and your maternity leave rights.
It is against the law for someone to treat you less favorably than another person simply because you are pregnant or because you may become pregnant, this is direct discrimination. An example of direct discrimination -
During a job interview, a woman was asked by the selection panel whether she intended to have children. Although she was taken aback by the question, she said that she would eventually like to have a family. Although she was the most qualified and experienced candidate, she did not get the job. This is direct discrimination on the ground of potential pregnancy.
An example of indirect indiscrimination -
An employer requires the cashiers in a supermarket to stand at all times. On the surface this requirement does not discriminate against any group of workers. However, it will be more difficult for pregnant women to comply with than for others, especially in the later stages of pregnancy. If this requirement is unreasonable in the circumstances, perhaps because cashiers could be provided with chairs and do most of their work while seated, then this is indirect discrimination.
When could it happen
- Pregnancy discrimination can occur if someone
- refuses to employ or promote you
- dismisses or retrenches you
- excludes you from a training course
- Transfers you except for a valid medical or safety reason
- Demotes you, reduces your seniority or cancels your services continuity
- Refuses you accommodation or goods or services, or access to a registered club
- Excludes you from or disadvantages you in an educational institution
Maternity leave rights
The Federal
Industrial relations act states that women have a right to maternity leave. If you have been you're your employer for over a year and are not a casual you are entitled to unpaid maternity leave of up to a year.
This includes six weeks compulsory leave (which may be paid or unpaid depending on where you work) after the birth.
The Act also provides paternal leave, including paternity leave, and adoption leave.
Most state and federal awards provide maternity leave rights along these lines. They may also include parental leave provisions, including a parent's entitlement to work part time up to the child's second birthday. Your ability to work part time was considerably extended by the Carers Leave Test Case Decision 1995. This decision also allows you to use up to five days of your leave entitlements every year to care for ill family members.
How to apply for maternity leave
Check with your union or employer as thee rules can vary. In general, there are some set time periods for applying for leave, for providing a doctors certificate showing expected date of return, and also for giving notice of return to work. The leave arrangements can be changed any number of times if both you and your employer agree. Otherwise, you have the right to extend your leave once, up to a maximum of 52 weeks.
Upon returning to work you are entitled to the same job you held before going on leave. If you have been transferred to another safer job, you have the right to return to the job you held before the transfer. If the job no longer exists, you are entitled to a job similar in pay and status.
For further help and advice on these matters contact the following organization in your state:
Human Rights and Equal Opportunity Commision National Office
Toll Free 1800 021 199
Queensland Anti discrimination board
Toll Free 1800177 822
HREOC Tasmania
Toll Free 1800 001 222
HREOC Northern Teritory
089 819111
Victoria Equal opprtunity commision
Toll Free 1800 134 142
South Australia Commisioner for equal opportunity
Toll Free 1800 188 163
Western Australia Equal Opportunity Commission
Toll Free 1800 198 149
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