Balancing your operational requirements against an employee's needs during pregnancy and their expectations when returning to work remains one of the most challenging staff management issues facing every service provider.
The legal and financial ramifications of mismanaging parental leave rights are significant exposing services to claims of unfair or unlawful dismissal, adverse action or discrimination, as well as penalties for contraventions of the Fair Work Act 2009.
In a recent Federal Court decision, not only was the employer penalised for discrimination against a pregnant staff member but two managers we individually fined for their involvement.
Apart from the significant financial burden of defending yourself against this type of claim, defending your decision can be a time consuming and costly venture with significant reputational damage often the case.
Firstly, we will look at:
Secondly, we will look at issues that often arise for members in regard to extending or reducing maternity leave - your rights as the employer.
Lastly, we will look at your rights as the employer, managing staff return to work:
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