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A Sydney warehouse worker fired by text message within two weeks of telling her employer she was pregnant has won her job back, along with A$15,000 in backpay.
The recent Fair Work Commission ruling about an Adecco contractor working at an Amazon warehouse highlights how employers and employees can interpret the rules on pregnancy and workplace discrimination very differently – sometimes leading to disputes.
Whether you’re newly pregnant or you’re a boss trying to look after your staff, these are the legal rights and obligations you need to know about.
I’m pregnant and applying for work. Do I have to mention it?
No, you don’t. As the Sex Discrimination Act makes clear, an employer can’t ask you about it either.
Even indirect questions – “Are you planning to have a baby in the future?” – are not allowed.
I’ve found out I’m pregnant. Do I have to tell my boss?
No. When you tell them will depend on your job, your pregnancy and your preferences.
I’ve had fewer opportunities since telling work I’m pregnant. Is that allowed?
Under the law, employees can’t be discriminated against because they’re pregnant.
But discrimination often isn’t as obvious as being fired or demoted.
Can I ask for flexible work?
Yes – and that’s new.
Since June 2023, pregnant women have been able to ask for flexible work arrangements, after an update to the Fair Work Act.
Can I ask for my job to be modified?
Yes, you can ask for a “safe job” or “no safe job leave”. That’s true for casual workers too.
A pregnant employee who’s generally fit for work, but can provide evidence that they can’t do their current role because of illness, risk to their pregnancy or hazards at work can ask to be transferred to a “safe job”.
The challenge for employers – especially smaller businesses
There are lots of good employers wanting to do the right thing. But especially for smaller businesses without a human resources department, it isn’t easy.
My employee’s told me they’re pregnant. Do I have to do anything now?
The Sex Discrimination Act now contains an obligation known as a “positive duty”. It came into force in late 2022.
It means employers need to take reasonable and proportionate measures to eliminate sex discrimination – including discrimination because of pregnancy.
What if I’m worried my worker can’t safely do the job while pregnant?
If you’re an employer, even if you have genuine safety concerns you can’t unilaterally decide a pregnant worker can’t do their job.
Many jobs can be adjusted for pregnancy. Employers need to work with their employees to figure out the best solutions.
Source: If you’re pregnant, do you have to tell your boss? And what are the rules for employers?