How do I handle complaints regarding maternity leave?

Question: How do I as an employer handle complaints regarding my employee’s maternity leave?

Answer:

As per the Fair Work Act 2009 (Cth), an employee cannot be discriminated against for being pregnant. This means that an employee cannot be fired, demoted, or treated differently because she is pregnant.

Complaints regarding an employee of yours who is planning on taking or is taking maternity leave should be resolved diplomatically within the company first, before resorting to any other means of resolution. This would typically involve speaking to the complainer(s) and figuring out whether there is indeed reasonable grounds for complaint.

If this process proves unsuccessful, you may contact the Fair Work Commission for help and/or intervention.

Remember that you as an employer have certain legal obligations regarding pregnant women in the workplace and women returning to work after maternity leave. See this article for more information on your obligations as an employer.

Answered by Emma Jervis

Emma is an experienced franchise lawyer and litigator who has successfully helped many clients achieve commercial and workable solutions to their legal problems. With over 10 years legal experience, Emma has run many cases in all tiers of the NSW Court system and Family Court of Australia, as well as having many years experience in advising clients of their legal rights in both the commercial and family law spheres. Emma is also experienced in drafting a range of documents, including franchise documents and complex commercial contracts.

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