Returning to work after maternity leave can feel like a daunting transition, but it’s important to know that your rights as an employee are protected under Australian law. Here’s a breakdown of your key entitlements and options when coming back to work after having or adopting a child.
Right to Return to the Same Role
One of the most fundamental rights you have is to return to the same position you held before taking maternity leave. This means your employer must allow you to come back to the same job with the same pay, hours, and responsibilities. Whether you took 12 months or extended your leave up to 24 months, your job should still be available when you’re ready to return.
Flexible Work Options
For many mothers, returning to full-time work right away may not be ideal. Under the Fair Work Act 2009, you have the right to request flexible work arrangements, which could include part-time hours, adjusted working days, or the ability to work from home.
When submitting a request for flexible working, it’s important to:
- Provide your request in writing.
- Outline your proposed working arrangement, such as part-time hours or remote work.
- Explain how this arrangement will help balance your work and family responsibilities.
Employers must consider your request and can only refuse it on reasonable business grounds, such as if the arrangement would be too costly or impact the operations of the business. If your employer rejects your request and you believe it’s unfair, you can seek assistance from your union or escalate the matter to the Fair Work Commission.
Protection Against Discrimination
It is illegal for an employer to discriminate against you because of your maternity leave or any family responsibilities you may have after returning to work. This includes demotions, pay cuts, or reducing your hours without your consent. If your employer tries to change your role or deny your return-to-work rights, this could be considered maternity discrimination, and you should seek advice from your union or a legal professional.
Negotiating Part-Time Work
If you’re not ready to return to your full-time position, you have the right to discuss part-time work options with your employer. This can be a gradual way to ease back into your role while balancing the demands of a new family. In many cases, employers are willing to accommodate part-time work, especially when it’s in the best interest of both the employee and the business.
Be mindful that if you reduce your hours from full-time to part-time, you won’t automatically have the right to return to full-time work later on unless it’s negotiated with your employer. So, it’s important to have a clear conversation about your long-term intentions.
What Happens If Your Role No Longer Exists?
If your role has been made redundant during your maternity leave, your employer must offer you a role that is comparable in pay and status. The new role should reflect the same level of responsibility as your previous job. If no such role is available, you may be entitled to a redundancy payout.
Keep in Touch Days
To help ease the transition back to work, you can take advantage of Keeping in Touch Days. These allow you to return to the workplace for up to 10 days while you’re still on maternity leave, helping you stay connected with your team and ease back into your role. You’ll be paid for these days without affecting your government-paid parental leave entitlements.
Know Your Rights. Seek Help from Your Union or a Legal Expert
Your right to return to work after maternity leave is legally protected, ensuring that your career is not compromised while you take time off to care for your family. Whether you’re returning to the same job, negotiating flexible arrangements, or facing challenges with your employer, knowing your rights will help you navigate the process confidently. If you encounter any issues, don’t hesitate to seek help from your union or a legal expert.
