Pregnancy
I told my boss I that I am pregnant. He then told me I had to leave six months into the pregnancy. I cannot afford to leave that early. Can he do that?
It is unlawful to discriminate against women because they are pregnant. When you decide to take leave to prepare for having the child is up to you, in consultation with your doctor and employer. In most cases, you are also entitled to return to work in the same or equivalent position with the same conditions, unless otherwise stated in your award.
What are my rights when an employee tells me that she is pregnant?
You may check whether the employee can continue to do the job without endangering herself or others. Getting advice from her doctor might help here. There are also legal requirements for maternity leave, both paid and unpaid. For further advice about what is required in your sector, contact your industry association.
Can I ask a pregnant employee to provide me with a medical certificate?
It is a good idea if you are uncertain about her ability to do the job or if you are worried the type of work she is doing could jeopardise the health of mother or baby.
Can I reduce a pregnant employee's working hours?
Not if you are basing the decision only on the fact that she is pregnant.
If I hire a woman and she then tells me she is already pregnant, can I terminate her employment?
No. There are limited exceptions though, eg the job is a short term contract and the worker will not be able to complete the work required in the contract before she goes on maternity leave.
Do I have to give a pregnant employee any special pregnancy leave and if so, how much?
There are legal requirements in relation to the provision of maternity leave. Generally, employees are entitled to twelve months leave (unpaid) after twelve months service. For more specific advice, contact bodies such as your industry association. However, we do encourage you to talk to your employee about her plans and intentions, as she may not want to take the full twelve months leave.
What if an employee was full-time and has asked to come back from maternity leave part-time?
If possible, requests for return to part-time work (where reasonable) should be considered. If you receive a complaint against you about this, you may be required to show why you were unable to allow part-time work.
When an employee is returning from maternity leave, do I have to give her the same job she had before she went on leave?
An employee is normally entitled to return to the position that she held prior to commencing leave, or to a similar position if the original job no longer exists.
Related information
Types of discrimination: pregnancy
Places of discrimination: employment
EO for business: managing staff
A focus on communication skills
Flexible work conditions
Human Rights and Equal Opportunity Commission: online pregnancy guidelines
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