It is almost certain that becoming a parent will have an impact on your entire life, including your work. It is difficult to predict what it will be like working during your pregnancy, how long you will be able to work and when will you want to return to work after the baby is born.
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It isn't always possible for women to negotiate a situation that is flexible at work, but it is worth trying and being prepared for all possible outcomes.
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Discrimination in the workplace
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It is illegal for your employer to discriminate against you for being pregnant. You cannot be retrenched or refused a contract on the basis that you are pregnant or on the basis that you may become pregnant in the future. If you feel that you are the subject of discrimination, you should contact the Equal Opportunity Commission.
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Occupational Health and Safety (OH&S) and pregnancy
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The general rule for satisfying OH&S issues for pregnant employees is to provide a safe workplace for all workers. In some work environments, however, pregnant and potentially pregnant employees are exposed to particular risks not faced by other workers.
While OH&S laws rarely deal with specific conditions such as pregnancy, the general duty of care obligations automatically extend to cover the management of pregnant and potentially pregnant employees. Relevant issues may include:
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- containment or removal of hazardous substances, such as chemicals, metals, gases or biological hazards to which a pregnant or breastfeeding woman, or her child, are particularly susceptible
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- identification and management of high risk physical tasks, such as heavy lifting, tasks requiring constant use of stairs or long periods of work on ladders
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- making provision for pregnant employees to work seated rather than standing
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- providing regular access to toilet breaks
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- avoiding the allocation of duties to pregnant employees that require long periods of working outside on hot days
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- avoiding exposure to infectious diseases
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- providing alternative duties where tasks involve high lead exposure.
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(Taken directly from the Human Rights and Equal Opportunity pregnancy guidelines.)
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©Commonwealth of Australia 2001
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Leave for antenatal visits
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During your pregnancy you will need to see a doctor or midwife at regular intervals to check that all is well. You can expect 7 to 12 appointments during your pregnancy, with visits becoming more frequent as the pregnancy progresses or if complications arise. In the last month of pregnancy the appointments are typically every week. You may also need to attend for other investigations, such as an ultrasound. Unless your antenatal care provider offers after-hours appointments, it may be necessary to attend during work time. It may be helpful to determine the extent of your workplace's flexibility with regard to these visits.
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When to stop work
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The answer to this question is entirely up to you and how your pregnancy progresses. Some women will work all the way through their pregnancy, while others may finish work several months before their due date. It is also possible to make plans to finish at a certain time only to find that you need to leave earlier due to complications or a medical condition.
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Returning to work
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It is very difficult to know in advance the right time to return to work after having a baby. You should carefully consider what you would like to do and what you are able to do, given your financial situation and the amount of paid and unpaid maternity leave available to you. Some women are able to take several years of unpaid maternity leave and can manage quite well on their partner's income, while others need to return to work a few months after having their baby.
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Find out how flexible is your workplace. Find out if you are able to return part-time, or in a different capacity. Once you are clear about these things you will be in a better position to make decisions after the baby is born.
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Leave and entitlements
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Under Australia's parental leave legislation, after 12 months continuous service, both men and women are entitled to a joint total of 52 weeks of unpaid parental leave to care for a newborn. This means that your employer must keep your job open for you for up to 52 weeks if you choose to return to work after taking parental leave. This is also available for casual employees.
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All fathers are entitled to paternity leave regardless of their marital status with the mother. You and your partner are entitled to one week's unpaid leave at the same time when the baby is first born. However, additional parental leave entitlements are only available to one partner at a time.
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Employers must be notified (in writing) of your pregnancy and given a medical certificate confirming the pregnancy.
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Even though parental leave legislation sets out the minimum entitlements, different workplaces offer different conditions for both paid and unpaid parental leave. Some workplaces may require leave to be taken by a certain point in your pregnancy. Other workplaces may allow employees to take unpaid leave on top of maternity leave. Some employers offer a certain amount of paid maternity leave.
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Some employers allow women to return to work in a part-time capacity or negotiate working arrangements that support women in their new role. This may include flexible hours and/or working from home. There are also workplaces with childcare facilities that allow time for breastfeeding mothers. Given all these variations, it is wise to check your award, enterprise agreement or the particular entitlements offered by your employer. It is also worth trying to negotiate an arrangement that might suit you and your partner. You may be surprised at what your employer is willing to do to support you.
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For more information
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Human Rights and Equal Opportunity Commission
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Web: http://www.hreoc.gov.au
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Jobwatch
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Web: http://www.job-watch.org.au
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Trades Hall
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Web: http://www.vthc.org.au
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Disclaimer
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The Royal Women’s Hospital does not accept any liability to any person for the information or advice (or use of such information or advice) which is provided in this fact sheet or incorporated into it by reference. We provide this information on the understanding that all persons accessing it take responsibility for assessing its relevance and accuracy. Women are encouraged to discuss their health needs with a health practitioner. If you have concerns about your health, you should seek advice from your health care provider or if you require urgent care you should go to the nearest Emergency Dept.
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Last updated Jan 2008
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