07/03/2021
A guide to having a baby, taking leave and returning to work:
It is against the law to discriminate against someone because they are pregnant, or potentially pregnant.
This occurs when someone is treated less favourably than another person because they are pregnant or potentially pregnant. That is, for example, transferring the employee to another job, being overlooked for a promotion, or dismissed.
Under the National Employment Standards in the Fair Work Act 2009 (Cth), all employees that have worked for their employer for at least 12 months before the date or expected date of birth or adoption and have or will have responsibility for the care of a child are entitled to up to 12 months of (unpaid) parental leave.
Employees may be eligible for 18 weeks of government-paid parental leave under the Australian Government Parental Leave Pay Scheme.
An employee who has been on unpaid parental leave is entitled to return to the position they had prior to taking leave. If an employee’s position no longer exists, the employee is entitled to return to an available position for which they are qualified and suited nearest in status and pay to the position they had prior to taking leave.
https://alsarraylawyers.com.au/