Your rights as a working mum

By: Carly Stebbing
Categories: Discrimination Support Services

1 in 2 women experience pregnancy or carer’s discrimination at work, can you believe that? You probably can because chances are, with those statistics, that it has affected you or someone you know.

Pregnancy and carer’s discrimination at work is completely unlawful. It is actionable under both State and Federal legislation and if you are being discriminated against you can and should take action to bring it to an end.

Here are some things you should know if you are pregnant or have carer’s responsibilities.

  1. You are entitled to 12 months of unpaid parental leave after 12 months of continuous service.
  2. You are entitled to return to your pre-parental leave job when you return to work.
  3. Your employer must consult with you about changes to your pre-parental leave job, if any occur, during your parental leave.
  4. If your pre-parental leave job is made redundant you are entitled to another available position similar in pay and status.
  5. If your job is still required to be performed and is being performed by your replacement it is not a genuine redundancy and you may be eligible to bring either an unfair dismissal or general protections claim within 21 days of dismissal.
  6. You are entitled to request an extension to your parental leave period for up to 12 additional months.
  7. You are entitled to request flexible work arrangements if you have carer’s responsibilities after 12 months of continuous service.
  8. It is unlawful for your employer to discriminate against you on the basis of either pregnancy or carer’s responsibilities.
  9. It is unlawful for your employer to take adverse action against you because you have exercised any of the rights above.
  10. You are entitled to use your sick leave accrual to care for your children if they are ill or injured.

If you have been denied any of these rights or you have been unlawfully discriminated against we can help. You can take our eligibility questionnaire at www.resolution123.com.au/submit and visit our website at www.resolution123.com.au.

The information provided by Resolution123 is not legal advice and is not a substitute for legal advice. You can get legal advice by submitting your claim to a Resolution123 panel lawyer and partnering with that lawyer to resolve your claim.

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About Carly Stebbing
Carly is an entrepreneur and workplace rights advocate who founded Resolution123. Resolution123 uses technology to match employees that need quick, simple and affordable legal advice with experienced workplace lawyers

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