When Rachel Norman discovered she was eligible for paid maternity leave shortly before the birth of her third child, she was ecstatic. Then, panic kicked in.
When Rachel Norman discovered she was eligible for paid maternity leave shortly before the birth of her third child, she was ecstatic. Then, panic kicked in. The 32-year-old financial services administrator and blogger for A Mother Far From Home says she was gripped by plaguing thoughts that her job would change drastically while she was away, or worse; she’d be fired.
“When I signed the dotted line, that’s when the fears crept in,” Norman recalls. “When it was too late to turn back I began to worry if I had taken myself out of the workforce completely.”
Norman’s story is not infrequent among working mums-to-be. Common anxieties tend to revolve around the thought that that taking time off work to spend with a new baby will put women at a career disadvantage, even if temporarily.
What is Paid Parental Leave and who gets it?
Since January 2011, the federal government has provided financial support to eligible parents for up to 18 weeks to care for a newborn or recently adopted child in the vital early months.
Parents must earn less than $150,000 and the amount of parental leave pay is based on the rate of the national minimum wage, currently $622.10 per week. Payments are usually distributed by employers if the parent has worked with the company for at least 12 months before the date of birth.
On top of this, employees can work out separate agreements with employers for further bouts of unpaid or employer-paid leave.
Can my boss fire me if I take maternity leave?
According to the Fair Work Commission, an employer can’t lawfully terminate someone based on sex, pregnancy, family or carer’s responsibilities. But in June 2013, Legal Aid Victoria presented submissions to a current national review showing that employment discrimination against pregnant women is rampant.
The case studies showed numerous instances where women were sacked by their bosses, sometimes just a week before they qualified for paid parental leave. None were compensated or able to reclaim their parental leave rights.
So what can you do?
Jennifer Wyborn, partner and employment lawyer at Meyer Vandenberg Lawyers said it is often difficult to prove discrimination, as the onus is on the employee to prove she was fired was because she was pregnant.
“Employers these days are clever enough to not be overt in the real reason for termination, they will usually find some other reason and blame financial constraints or performance which makes it hard prove unlawful discrimination,” said Wyborn, adding that most employers are “generally getting better at doing the right thing.”
“Some employers provide outstanding support for working mothers including child care centres at workplaces,” she said. “There will always be some that don’t do the right thing though.”
Wyborn recommends women who believe they were terminated unlawfully or discriminated against to seek legal support and advice.
“Community legal centres often offer free advice and support on these issues,” Wyborn said. “The Australian Human Rights Commission has lots of information on their website as does the Fair Work Commission.”
What if my job no longer exists?
Even if an employee retains her job, women like Norman are also expressing concerns that after the period of leave, they might not be able to come back to the same position or reenter at a lower level.
“A big fear was that while I was away the various positions would be redistributed and I’d be left with tasks out of my skill set or that I simply dislike,” said Norman who started her leave in August and will return back to work mid-February. She is continuing to work on overcoming her guilt and anxiety by remembering her reason for taking leave in the first place: “To have undivided time with my children.”
“Even if my worst fears came true, my intentions were good and it’s a risk worth taking,” said Norman. “I can always get another job. I can’t get back time with my kids.”
What parents may not realise is that legally, if an employee’s position no longer exists at their company when they return from leave, an employer must offer another available and suitable job that the employee is qualified for and is closest to the level and pay of their former job.
What if I get rusty or won’t be the same after the break?
To ease the transition back into employment, Parenting Australia has a list of tips and resources for mothers looking to reenter the workforce. It also never hurts to brush up your resume or enroll in a seminar run by career experts to help you plan and prepare.
Although employees are not permitted to return to work while receiving parental leave pay, the special ‘Keeping in Touch’ provisions also allow parents to show up to work for up to ten days to brush up skills and remain connected with the workplace while on leave.
For more information on the federal government’s Paid Parental Leave Scheme visit www.humanservices.gov.au
For more information on the federal government’s Paid Parental Leave Scheme visit www.humanservices.gov.au
For more information on the federal government’s Paid Parental Leave Scheme visit www.humanservices.gov.au
For more information on the federal government’s Paid Parental Leave Scheme visit www.humanservices.gov.au
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