Focus

• If you are pregnant and working, you must tell your employer about your pregnancy and leave.
• It is illegal to be treated unfairly at work because of your pregnancy.
• To take parental leave, you must give your employer written notice at least 10 weeks before your last day of work.

Pregnancy and work: your rights

If you are working in Australia, you are protected by law from discrimination.
Under the Sex Discrimination Act 1984, the Fair Work Act 2009 and other state and territory laws, you may not be discriminated against because you are pregnant. For example, you cannot be fired (“laid off”), have your hours reduced, take on fewer responsibilities, or be passed over for promotions or training.
If you are applying for a job, it is not legal for an employer to ask if you are pregnant or planning to become pregnant and use it against you for your information.
Your access to parental leave and flexible working arrangements will depend on your working hours and your working conditions and arrangements, such as permanent or temporary employment. The best way to find out is to ask someone in the human resources department at your workplace. It is also worth checking whether you are eligible for paid parental leave

Plan your parental leave and get to know your employer

Before you tell your employer that you are pregnant, it is a good idea to find out what leave and working arrangements are available to you. Find out your legal and organizational rights and responsibilities as an employee. This will help you prepare for your first discussion with your boss.

By law, you must do the following:

• Tell your employer that you are planning to take parental leave at least 10 weeks before you start.
• Notify your employer of your leave plans and your return date.
• Confirm your plans (and any changes) at least 4 weeks before you start. Many women think that 34-36 weeks of pregnancy is the best time to start maternity leave. Therefore, if you want to start your maternity leave at 36 weeks of pregnancy, you must inform your employer of your plans at 26 weeks of pregnancy. The employer agreed. If you plan to work within 6 weeks of the due date, your employer can ask for a medical certificate stating that you are fit to do so.
• Discuss your pregnancy and parental leave with your employer.

Here are some things to do at this meeting:

• Give your manager your expected deadlines.
• Discuss the approximate date you will start taking parental leave.
• Discuss how you will communicate with your team and others at work about your pregnancy.

For example, you may need to change:

• Job responsibilities
• Work hours
• Use of work equipment
• Travel arrangements
• Work environment.

Things may change if your job involves:

• lifting heavy objects
• Climb as many stairs as possible
• work in a hot environment
• work with animals
• Use pesticides, detergents or other chemicals
• Working in inappropriate places, such as where there are no toilets nearby.

There is also special maternity leave. This is unpaid leave and applies if you are unable to work due to a pregnancy-related illness or if the pregnancy is terminated within 28 weeks of the due date (for example due to birth). If you are entitled to parental leave, you are also entitled to special maternity leave.
To take special maternity leave, you must notify your employer as soon as possible. This can be done when the leave begins. You must also inform your employer how long you will be absent from work.
Special maternity leave does not affect the 12 months of unpaid parental leave, but your employer may ask for a medical certificate to prove it.