This article details your employer's responsibilities regarding your parental leave entitlements and other related requirements.
Having a baby is a joyful time however there are sometimes uncertainties around how life will operate on a practical level once your new edition arrives. Many parents do not know what their legal rights at work are, particularly when it comes to being pregnant at work or around parental leave. This is important to know as some managers are also ill-equipped to provide the answers.
Employers are responsible for ensuring they provide a safe workplace for expectant mothers throughout their pregnancy by carefully considering and discussing with you what changes may need to be accommodated and how.
Apart from making the necessary adjustments to your job and work environment, your employer must protect you from discrimination in employment. You have the right to work or continue to work during and following your pregnancy and you should be treated the same as other employees.
Keeping healthy and being safe at work is critical for expectant parents. This means you and your manager may need to consider what needs to change or be accommodated as a result of your pregnancy.
This may include making changes to your job duties, your hours of work, the use of work equipment, travel arrangements or the work environment itself. Your needs may change throughout your pregnancy so assess your situation regularly.
As part of sound management practice, the Human Rights and Equal Opportunity Commission recommends that managers should provide information to you on the following:
- Any pregnancy and parental leave rights and obligations applying at the workplace under an award or agreement.
- The legal right to unpaid parental leave at the time of employment, including:
- The qualifying period of employment for an employee to access parental leave.
- The requirement for you to provide notice of an intention to take parental leave, along with a medical certificate indicating the estimated date of birth.
- The maximum duration of parental leave.
- Whether the leave is paid or unpaid.
- The entitlement to take part or all of any accrued annual leave or long service leave instead of, or in conjunction with, unpaid or paid parental leave.
- Notification requirements and processes if you want to extend parental leave.
- Your right to return to their former position following parental leave.
- The necessary processes you are required to do to vary hours on return to work.
- Information on the complaint or grievance procedures if you feel that discrimination has occurred.
- Any workplace-specific occupational health and safety considerations for pregnant women.
- The employer’s commitment to a non-discriminatory workplace.
If you are unsure where to source this information, you should speak with your manager or someone from Human Resources at your workplace.