What are My Rights?This section attempts to clarify what your rights to parental leave and other entitlements are. Of course you should check the details of your individual maternity leave provisions with your company or union award to be sure of your rights in the workplace regarding your pregnancy and after the birth of your child. We have used the Sex Discrimination Act (1984) and the Industrial Relations Act (1996), as a guide in the preparation of this summary of your rights. Pregnant - You cannot be dismissed because you are pregnant or potentially pregnant.
- Antenatal appointments are quite likely to conflict with your work time unless you are lucky enough to have someone who does after-hours appointments. As these appointments are related to your health, you should treat them as you would other health related appointments. This usually includes providing a medical certificate to your employer.
- If you are sick and unable to work due to your pregnancy you are entitled to use any paid sick leave you have available or you may be able to take special maternity leave which is unpaid. It is necessary to provide a medical certificate.
- Reasonable adjustments should be made to your workplace in an attempt to accommodate pregnant employees. Reasonable adjustments may include provision of seating, additional toilet breaks, altering work hours, and providing access to drinking water.
Parental Leave - If you have been employed for 12 months continuous service with an employer in a full time, part-time or some casual positions, you are entitled to take parental leave. This is a total of 52 weeks and cannot be extended beyond this allowance.
- Those not entitled to maternity leave, such as short-term casuals and employees who have been employed for less than 12 months, are still protected by the Act and should negotiate a fair and reasonable period of leave.
- You are entitled to return to work to the position you held prior to starting your parental leave, or if that position no longer exists due to a genuine restructure you should be offered a role with similar status and position in the company.
- Your parental leave does not affect your continuity of service. However, you do not accrue long service or annual leave during the period of your absence.
- You do not have to take parental/maternity leave and there is no minimum length of time that you must take. (Check with your individual union and award for more information. For example, Flight Attendants cannot return to work within 6 weeks of giving birth.)
- You can only be forced to take your maternity leave early if there is an OH&S reason why you cannot remain in the workplace. It is your employer’s responsibility to ensure your health, safety and welfare in a non discriminatory way. An assessment of the hazards and making appropriate changes to work practice may be all that is necessary. If this cannot be achieved it may be necessary to transfer you to a more suitable role. If you feel that the risks involved with your job are too great and there is no appropriate area for transfer you may be granted special maternity leave. This would need to be supported by your doctor.
- Although it is not a requirement for your employer to advise you of any changes to your work while you are on parental leave, it is ideal. Communication channels need to be open for this to occur.
- The HREOC has recommended that an employee on parental leave should be offered the same redundancy arrangements as other employees.
Your rights to parental leave are protected by law, however you may find you can come to a flexible and more positive arrangement regarding your leave and return to work if you enter into open and frank negotiations with your employer. Also check your individual award or workplace agreement as they may provide additional entitlements. For information relating to your rights regarding parental leave in New Zealand access these websites. Paternity Leave - Your partner is entitled to 1 week unpaid leave following the birth of your child or a week from the day an adoptive child joins your family.
- In addition if your partner has chosen to be the primary care giver for your child, he is entitled to the same benefits as a female. Note, only one person can be considered to be on parental leave at a time and usually your combined leave cannot exceed 52 weeks.
|
