When it comes to paid parental leave, including maternity leave, each workplace has slightly different policies. However, you can’t be fired for taking parental leave. At a minimum, you should be allowed to take 12 months of unpaid time off work without risk of losing your role. Additionally, the government will provide you with Parental Leave Pay at the national minimum wage. This payment can last up to 22 weeks, depending on when your child came into your care.
If you believe that you have been treated unfairly during your parental leave, you might benefit from legal help. The Working Women’s Centre Victoria has a team of lawyers ready to provide free and confidential legal help to working women and non-binary people across Victoria.
When it comes to parental rights at work, remember:
- You are entitled to return to your pre-parental leave position or an available position for which you’re qualified and suited
- Your employer must consult with you about any decisions that will significantly affect your position
- You can request flexible working arrangements upon return to work
If your employer violates these rights, you may benefit from legal help.
Redundancy and Unfair Dismissal: Know Your Rights
Unfortunately, some people return from parental leave to find their position has been made redundant or that they’ve been dismissed. If you’ve been suddenly fired after parental leave, it’s crucial to understand that:
- Genuine redundancy must meet specific criteria under the Fair Work Act
- Dismissal related to pregnancy, parental leave, or family responsibilities is considered unfair dismissal
If you believe you’ve been unfairly dismissed or that your redundancy isn’t genuine, you may have grounds for an unfair dismissal claim. It’s crucial to act quickly, as there are strict time limits for lodging such claims. Contact the Working Women’s Centre Victoria immediately if you think you’ve been unfairly fired.
If you’ve been unfairly fired, seek legal help
Navigating workplace issues as a parent can be challenging, but you don’t have to face it alone. The Working Women’s Centre Victoria is here to provide free and confidential legal help to women and non-binary people with workplace-related legal issues. We offer:
- Free legal advice on workplace rights and discrimination issues
- Assistance with lodging complaints and claims
- Representation in relevant tribunals and commissions
- Information sessions and education about your workplace rights
Women and non-binary people working across Victoria can access the centre’s services by calling 1800 992 842. The phone line is open Monday to Friday, 9am to 3pm, with interpreter services available.