Daunting work revelation turns sour as boss reacts poorly: 'The law is on your side'
Question
"I work for a small company and recently got pregnant. My boss is quite an odd man and I've been dreading telling him I'm pregnant but I need to be able to go to appointments and want to start the ball rolling with maternity leave as I know he will make it difficult. When I told him I was pregnant, instead of saying congratulations he seemed to take it as a personal attack and said he'd need proof from my doctor before allowing me to go to daytime medical appointments. Then when I asked about maternity pay and other benefits he said he needs proof once the baby has been born before committing to anything. Are his demands fair? I need my job now more than ever so I don't want to rock the boat.."
Answer
Navigating pregnancy at work can be daunting, especially when your boss reacts poorly to the news.
But if you're working in Australia, the law is firmly on your side.
Pregnant employees are protected under federal legislation and various state and territory laws.
These protections ensure you can access medical care, plan for parental leave, and continue working without being treated unfairly.
Let's start with medical appointments.
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If you need time off during work hours to attend pregnancy-related appointments, you may be entitled to use personal leave if your contract or enterprise agreement provides for that.
Otherwise, you're entitled to request to use your annual leave to cover those absences, which your employer cannot unreasonably refuse.
You are also entitled to request a flexible work arrangement while pregnant, which could enable you to condense your hours so you can attend appointments on one particular day each month, for example.
Your employer must genuinely try to reach agreement with you on that request and can only refuse it on reasonable business grounds.If you are unfit for work because of your pregnancy, you can use your accrued personal (sick) leave, just like you would for any other illness.
Your employer can ask for reasonable evidence, such as a medical certificate, before approving that leave.
When it comes to maternity leave, if you've worked as a permanent employee for your employer for at least 12 months, you're entitled to 12 months of unpaid parental leave, with the option to request an additional 12 months.
You must give at least 10 weeks' written notice before starting your leave and confirm the details at least four weeks before your intended start date.
Your employer can ask for a medical certificate confirming the expected date of birth and can request medical evidence that you are fit to continue working once you are within six weeks of the baby's due date.
However, they cannot delay planning, or deny your entitlements, until after the baby is born.
In addition to unpaid leave, you may be eligible for government-funded Paid Parental Leave, which provides up to 20 weeks of pay at the national minimum wage.
Your employer plays a role in administering this payment, but they don't control your eligibility.
You apply through Services Australia, and once approved, your employer must process the payments if they're participating in the scheme.
If your boss is making things difficult, by withholding information, questioning your rights, or treating your pregnancy as a burden, you're not alone, and you don't have to accept it.
This kind of behaviour may amount to pregnancy discrimination, which is unlawful.
You can seek help from the Fair Work Ombudsman, your union, or a community legal centre.
They can guide you through your options and help you protect your rights without jeopardising your job.
This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.
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