Industry Association, Hair & Beauty Australia (HABA) explains new changes to the Fair Work Act and how it could affect transferring to a safer job, special maternity and parental leave.
Transfer to a safe job
A pregnant employee is now able to transfer to a safe job, even if they have been with the employer for less than 12 months. If transferred, the employee is allowed to the same entitlements, full rate of pay and ordinary hours. If requested, the employee and employer can discuss and come to a mutual agreement on reduction or change of hours.
If a safe job is not available, the employee can take (or be required to take) paid ‘no safe job’ leave. This requires a doctor’s certificate to indicate that the position is unsafe and is only relevant when the medical certificate comes into effect. The payment is to be made at the base rate for the ordinary hours the employee would have worked.
Special maternity leave
A pregnant employee may now take special maternity leave without reducing the amount of unpaid parental leave they have access to. Special maternity leave relates to an employee’s inability to work due to a pregnancy-related illness, or if the pregnancy ends for a reason other than the birth of a living child, within 28 weeks of the expected birth date.
This form of leave is unpaid and requires the employee to provide notice as soon as possible. The employee is also required to provide the employer information on the expected return date. Should the special maternity leave be related to a pregnancy- related illness, it will end when the pregnancy or illness ends (whichever is earlier). Should this be related to a miscarriage or stillbirth, the leave may continue until the employee is fit to return to work. Employers are able to ask for evidence, such as a medical certificate, should an employee wish to go on special maternity leave.
Parental leave for both parents
Under the old Fair Work Act, parents could only take up to 3 weeks of unpaid parental leave at the same time. Now, both parents may take up to 8 weeks of unpaid parental leave at the same time, which can be taken in separate periods e.g. 2 periods of 2 weeks off.
Stay tuned for part two discussing flexible work arrangements.
For more information visit www.hairandbeautyaustralia.com.au