When an employee tells you they’re pregnant

Pregnancy is a protected attribute under Fair Work Act s 351. You can’t dismiss, demote, cut hours, exclude from training or treat a pregnant employee differently from others because of the pregnancy. Reducing someone’s hours "to help" without their request is still discrimination. The Sex Discrimination Act 1984 also applies, including a positive duty on organisations to eliminate sex discrimination as far as possible.

It is also unlawful to misrepresent someone’s workplace rights, such as telling a part-time employee that only full-time staff get parental leave.

• Ask what the employee wants to share and with whom.
• Note the expected date of birth once known; you can ask for evidence such as a medical certificate.
• Give them your parental leave policy and any employer-paid leave terms in your award, agreement or contract.

Review the role for hazards and illness or risks arising from the pregnancy, and consult the employee. Your work health and safety duties continue, and your state or territory WHS regulator can help with specific risks. The employee must give evidence that would satisfy a reasonable person, and you can require a medical certificate.

A pregnant employee who is unfit for work because of a pregnancy-related illness can take unpaid special parental leave (s 80), which doesn’t reduce their parental leave. They can also use paid sick leave.

Eligibility is in s 67 and the entitlement in s 70. Casuals qualify if they have worked on a regular and systematic basis for at least 12 months and would reasonably expect that to continue but for the birth. An employee who has already done 12 months with you doesn’t need another 12 months for a later child.

Up to 130 days of the 12 months can be taken as flexible unpaid parental leave for a child born on or after 1 July 2026 (120 days for births from 1 July 2025 to 30 June 2026). Flexible days can be single days or blocks, before or after continuous leave, within 24 months of the birth, and can start in the 6 weeks before the expected birth.

A pregnant employee’s continuous leave can start up to 6 weeks before the expected birth, or earlier if you agree. If they work in those 6 weeks, s 73 lets you ask for a medical certificate within 7 days and, in some cases, direct them to start leave.

1. 10 weeks before: written notice with start and end dates for continuous leave, or the total number of flexible days (s 74).
2. 4 weeks before: the employee confirms the dates or tells you of any change.
3. Flexible days: at least 4 weeks’ notice of each specific day; a day can be changed later only if you agree.
4. Less notice: if the employee can’t give 10 weeks’ notice (for example, a premature birth), they must give it as soon as possible and are still entitled to the leave.

To extend leave within the first 12 months, the employee gives written notice at least 4 weeks before the current end date. To extend beyond 12 months (s 76), they apply in writing at least 4 weeks before the first 12 months ends, and you must reply in writing within 21 days. You can refuse only on reasonable business grounds after discussing it and genuinely trying to agree.

The employee claims from Services Australia. If they have worked for you for 12 months or more and are likely to receive at least 8 weeks, you will usually receive an Employer Determination and must pass the funds through payroll on their normal pay cycle. Any employer-paid parental leave in your award, agreement or policy is paid as well, not instead. The payroll steps are in Paid Parental Leave: employer payroll steps.

• Keeping in touch days (s 79A) are for training, planning or similar work that helps the return. They can’t be worked in the first 14 days after the birth, and you can only suggest one once 42 days have passed. A part day uses a full day, and the employee is paid their normal wage.
• Keeping in touch days aren’t available during flexible unpaid parental leave and don’t extend the leave.
• If you plan a significant change to the employee’s role, pay or location, you must discuss it with them and give them a chance to respond while they are on leave (s 83).
• Replacement staff must be told the job is temporary and that the employee on leave has a right to return (s 84A).

This is the return to work guarantee in s 84. A replacement doing the job doesn’t remove it. If the role genuinely no longer exists, that may be a redundancy with its own process and pay.

Many returning parents ask for part-time hours, different start times or working from home. A parent of a school-age or younger child with 12 months’ service can make a written flexible work request under s 65. You must reply in writing within 21 days and can refuse only on reasonable business grounds after discussing alternatives. Plan for breastfeeding too: not providing adequate facilities or breaks may be discrimination.