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We have an employee who has been working for us for less than 12 months and they have just advised they are pregnant. Are they entitled to unpaid parental leave? If not, what are they entitled to?

Frequenty Asked Questions

We have an employee who has been working for us for less than 12 months and they have just advised they are pregnant. Are they entitled to unpaid parental leave? If not, what are they entitled to?

Under the FW Act, employees who have not completed 12 months continuous service with their employer are not entitled to take a period of unpaid parental leave. Despite this, State and Federal discrimination legislation still applies to protect employees from being discriminated against on the basis of pregnancy. These laws would require you to accommodate the employee’s pregnancy as far as it is reasonable. Ordinarily it would not be reasonable for you to provide an employee an extended period of leave after the birth.

Given the above, we would recommend sitting down with the employee to discuss possible alternatives to unpaid parental leave such as an agreed period of unpaid leave for a set period, or for the employee to take any accrued annual leave and/or personal leave.

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