Small businesses that fail to meet the obligations that arise once an employee announces their pregnant risk attracting hefty penalties. These obligations are not only in relation to the Fair Work Act, but also to workplace health and safety and state and federal anti-discrimination legislation.
To avoid facing any legal risks, employers should ensure they have effective policies and procedures in place to manage pregnancy and maternity leave.
The policies and procedures should ensure that the employer:
– assesses the pregnant employee’s situation, in consultation with the employee
– understands the business’s obligations
– identifies the fundamental requirements of the employee’s role.