Supporting Parents through the Fair Work system
The Fair Work Act 2009 provides a range of measures to help employees balance their work and family responsibilities.
Unpaid Parental Leave
The National Employment Standards (NES) in the Fair Work Act guarantee employees the right to separate periods of up to 12 months of unpaid parental leave associated with the birth or adoption of a child. Where families prefer one parent to take a longer period of leave, that employee has the right to request up to an additional 12 months of unpaid parental leave.
Permanent full-time, part-time and eligible long-term casual employees who have completed 12 months continuous service with their employer immediately before the expected date of the birth or adoption of a child are able to access the unpaid parental leave provisions under the NES.
The request to extend unpaid parental leave can only be refused by an employer on reasonable business grounds. If the employer refuses a request, they must explain the reasons for refusal in a written response.
Right to Request Flexible Working Arrangements
The NES also give a guaranteed right for eligible employees with responsibility for the care of a child under school age or a disabled child under the age of 18 to request flexible working arrangements, such as part-time work or flexible working hours, to help them balance their work and family responsibilities.
Permanent full-time, part-time and eligible long-term casual employees who have completed 12 months continuous service with their employer are entitled to make a request.
Employers can only refuse requests on reasonable business grounds, and, as with requests for extensions to unpaid parental leave, an employer must explain the reasons for refusal in a written response.
Protections against discrimination
The general protections provisions of the Fair Work system protect employees from discrimination on a number of grounds, including pregnancy, race, sex, sexual preference, age, family responsibilities and disability. Caring responsibilities have also been included as a new ground for discrimination under the Fair Work Act.
The Fair Work Ombudsman can assist individuals by investigating suspected breaches of the general protections provisions of the Fair Work Act, including matters where an employee feels they have been adversely treated because of pregnancy or parental leave.
Best Practice Guides
The Fair Work Ombudsman has produced the ‘Best Practice Guide – Work and Family’ to assist small to medium businesses to implement best practices initiatives.
For information and advice for employers and employees about the Fair Work system including your rights, entitlements and obligations visit the Fair Work Ombudsman website.
Paid Parental Leave Act 2010
Australia’s first national Paid Parental Leave scheme started on 1 January 2011. It provides eligible working parents with 18 weeks of Parental Leave Pay at the National Minimum Wage, currently $570 a week before tax.
Parents can lodge their claim up to three months in advance of the expected birth or adoption.
Parental Leave Pay is funded by the Australian Government.
To find out more about the Paid Parental Leave scheme visit www.familyassist.gov.au