In light of the Mother’s Day festivities last week, it is important to remember that 1 in 2 Australian mothers having experienced pregnancy-related discrimination in the workplace and to consider whether your rights as a new parent are being met.
What is parental leave and when can you take it?
Parental leave gives you the right to return to your old job and your absence can be paid or unpaid depending on your entitlements.
You can ask for parental leave when you give birth, your spouse or de facto partner gives birth or when you adopt a child below the age of 16. If you are adopting a child, you are also allowed up to 2 days of unpaid leave before the adoption to attend the required examinations.
To qualify for unpaid parental leave, you must have worked for your employer for at least a year before the date of birth, adoption or when the leave starts, and you should be responsible for the care of the child when it arrives.
How can you get paid parental leave?
As an employee, you can get both Parental Leave Pay from the Australian Government and paid parental leave from your employer. This does not affect your entitlement to unpaid parental leave.
You qualify for the government scheme and hence, can get up to 4 and a half months of paid leave at the national minimum wage if:
- You earned less than $150 000 in the last financial year,
- Are on leave or unemployed while receiving parental leave pay,
- Have done enough work in the 13 months before to pass the work test and
- Are the primary carer for the child
Your employer can provide paid parental leave in agreements, contracts and workplace policies and its details depend on the specific agreement, contract and policy.
Pregnant Employee Entitlements
Pregnant employees have entitlements which include:
- Special Maternity Leave: If you have an illness due to pregnancy or if your pregnancy has ended after 3 months due to a miscarriage, termination or stillbirth you can take this leave until you recover from the illness or you feel able to work again.
- Safe job: If your job is unsafe for you due to your pregnancy, you are entitled to move to a safe job which provides you with the same wage, hours and benefits even if you are not eligible for unpaid parental leave
- Safe Job Leave: If your place of employment has no safe jobs, you are entitled to a paid safe job leave if you are entitled to unpaid parental leave.
Your employer may need to see a medical certificate to prove illness or necessity for a safe job.
Discrimination
Ultimately, you cannot be discriminated for being pregnant through being fired, demoted or treated in a different way. If you feel that this is your situation, it is crucial to remember that you should contact the Fair Work Commission within 21 days to protect your rights.
If you have any queries in relation to the issues raised in this article, please do not hesitate to contact us on (02) 8999 9837, or fill out the enquiry box and we will get back to you ASAP.