Fired for Pregnancy / Parental Leave? — Your Rights
Dismissing an employee because of pregnancy, intention to become pregnant, or because they are taking or planning to take parental leave is unlawful. This is both unfair dismissal and unlawful discrimination.
Last verified: 1 July 2025Pregnancy / Parental Leave Is Generally Not a Valid Reason for Dismissal
Dismissing an employee because of pregnancy, intention to become pregnant, or because they are taking or planning to take parental leave is unlawful. This is both unfair dismissal and unlawful discrimination.
When Is Dismissal for Pregnancy / Parental Leave Unfair?
Any dismissal connected to pregnancy or parental leave is almost automatically unfair. This includes dismissal during pregnancy, while on parental leave, or shortly after returning from parental leave. The employee has a right to return to their pre-leave position (or a comparable role if that position no longer exists).
General Protections
Pregnancy and parental leave are strongly protected under multiple laws: the Fair Work Act (s351 — discrimination, s340 — workplace rights), the Sex Discrimination Act 1984 (Cth), and state anti-discrimination legislation. The employer bears the reverse onus of proof to show pregnancy was not a reason for the dismissal.
Process Your Employer Must Follow
Employers must not: (1) dismiss or make redundant an employee because of pregnancy, (2) refuse to allow an employee to take parental leave they are entitled to, (3) fail to provide a return-to-work position, (4) change the employee's role or conditions because of pregnancy. If a genuine redundancy occurs during parental leave, the employer must offer a comparable available position.
FWC Case Examples
In Sagona v R & C Piccoli Pty Ltd (2015), the Federal Circuit Court awarded $130,000 in compensation for pregnancy discrimination. The Court found the employer's claims of redundancy were pretextual. Courts and the FWC take pregnancy discrimination extremely seriously.
Steps to Take If Dismissed for Pregnancy / Parental Leave
- Document any comments, emails, or actions suggesting your pregnancy was a factor
- Lodge an unfair dismissal claim with the FWC within 21 days
- Consider a general protections claim (no compensation cap) and/or a sex discrimination complaint
- Contact the Australian Human Rights Commission to lodge a discrimination complaint
- Seek urgent legal advice — pregnancy discrimination attracts significant penalties
Time Limit to Lodge
21 days
From the date your dismissal takes effect. Strictly enforced.
Maximum Compensation
26 weeks’ pay
For unfair dismissal. Consider a general protections claim (no cap) for stronger protection.
Calculate Your Entitlements
Frequently Asked Questions
Is pregnancy / parental leave a valid reason for dismissal in Australia?
Pregnancy / Parental Leave is generally not a valid reason for dismissal. Termination for this reason may constitute unfair dismissal and may also breach general protections provisions under the Fair Work Act. The employer bears the reverse onus of proof to show this was not a reason for the dismissal.
Can I claim unfair dismissal if fired for pregnancy / parental leave?
Yes, provided you meet the eligibility requirements: you must have completed the minimum employment period (6 months for large employers, 12 months for small business) and earn below the high-income threshold ($175,000) unless covered by an award or enterprise agreement. You must lodge within 21 days.
What is the difference between unfair dismissal and general protections?
Unfair dismissal focuses on whether the dismissal was harsh, unjust, or unreasonable (capped compensation at 26 weeks' pay). General protections claims apply when dismissal is for a prohibited reason such as discrimination, exercising a workplace right, or union activity. General protections have no compensation cap and the employer bears the reverse onus of proof.
How long do I have to make an unfair dismissal claim?
You have 21 calendar days from the date your dismissal takes effect to lodge an application with the Fair Work Commission. This deadline is strictly enforced and extensions are only granted in exceptional circumstances.
What compensation can I get for unfair dismissal?
The FWC can order reinstatement (getting your job back) or compensation of up to 26 weeks' pay. The amount depends on factors including how long you worked there, your remuneration, efforts to find new employment, and any misconduct that contributed to the dismissal.
Other Dismissal Reasons
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.