Do your employees need to let you know that they are expecting?

It is evident that if an employee is pregnant, whether they are employed on a permanent or casual basis, it would be sensible for the employee to discuss their work and leave arrangements with their employer but not required. The discussions would include the whether the employee is entitled to unpaid or paid leave, ensuring that the workplace is safe for the employee, and their rights to flexible work arrangements.

When must your employee let you know that they are expecting?

There is no specific provision in the Fair Work Act 2009 (Cth) (the Act) that addresses when employees need to disclose their pregnancy to their employer, or when they must apply for unpaid parental leave.

What are the paid and unpaid leave requirements?

In accordance with section 70 of the Fair Work Act 2009 (Cth), an employee is entitled to 12 months of unpaid parental leave if the leave is associated with the following:

• the birth of a child of the employee or the employee's spouse or de facto partner; or
• the placement of a child with the employee for adoption; and
• the employee has or will have a responsibility for the care of the child.

As an employer, it is important that you continue to familiarise yourself with any relevant policies and procedures regarding parental leave.

Generally, aside from internal workplace policies or procedures, employees should let their employers know of their pregnancy by no later than 10 weeks before any planned paid or unpaid parental leave. This is in order to arrange appropriate work arrangements in the interests of the pregnant employee, other co-workers, and employer.

Safe working arrangements

All private practice employees, including pregnant employees, are entitled to a safe working environment. In terms of pregnant employees, they may be moved into an alternate role with suitable duties if their normal duties are affected by pregnancy, in order to create and maintain a safe work environment for them.

If there is no possibility or moving to a suitable or alternate role at the workplace, the employee may take ‘no safe job leave’. ‘No safe job leave’ is paid to employee’s entitled to unpaid parental leave.

• For a full-time or part-time employee, no safe job leave is paid at the base rate of pay for ordinary hours of work.
• For a casual, no safe job leave is paid at the base rate of pay (not including the casual loading) for the average number of hours they would have worked in the period they're on leave.

Unlawful discrimination is not acceptable

Employers are to condemn unlawful discrimination based on the attribute of pregnancy in the workplace.  There are three statutes protecting employees against such treatment in Queensland, the Anti-Discrimination Act 1991 (Qld), the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009 (Cth) General Protections Dispute provisions in particular.

In these laws, protections are set out requiring an employer to not treat an employee differently, adversely or less favourably because she is pregnant.

Unlawful discrimination against a pregnant employee may include:

• assuming a pregnant woman can or cannot fulfil her inherent employment responsibilities because she is pregnant;
• demotion due to pregnancy;
• dismissal due to pregnancy; or
• being treated differently in any other way simply due to pregnancy.

It is important employers understand how to treat an employee whilst they are pregnant. If you have any further questions or concerns, please contact our Workplace Relations Team on (07) 3872 2222 or at workplacerelations@amaq.com.au.