I'm pregnant — what are my rights at work?
Parental leave, discrimination protections, and flexible work rights for pregnant employees in Australia.
Parental leave basics
If you've been with your employer for at least 12 months, you're entitled to up to 12 months of unpaid parental leave under the National Employment Standards. You can request an additional 12 months (total of 24 months), and your employer can only refuse on reasonable business grounds. This applies to all employees, including casuals who have worked on a regular and systematic basis. Your job (or an equivalent one) must be held for you while you're on leave.
Government Paid Parental Leave
The Australian Government provides Paid Parental Leave (PPL) of up to 24 weeks at the national minimum wage (as of 1 July 2025). This is paid by the government, not your employer. Both parents can share the entitlement. To be eligible, you must have worked at least 330 hours in the 10 months before the birth, earned under the income test threshold, and be the primary carer of the child. Apply through Services Australia.
Protection from discrimination
It is illegal to discriminate against you because you're pregnant. This means your employer cannot: fire you, demote you, reduce your hours, refuse to hire you, deny you a promotion, or treat you unfavourably because of your pregnancy. This protection applies from the moment you become pregnant, including during probation and as a casual employee. It also protects you from discrimination related to breastfeeding when you return to work.
Safe work during pregnancy
Your employer has a duty to provide a safe workplace. If your job involves hazards to your pregnancy (heavy lifting, exposure to chemicals, excessive standing), your employer must modify your duties or transfer you to a safe job at the same pay rate. If no safe job is available, you may be entitled to 'no safe job leave' — paid leave at your base rate for the risk period.
Flexible work after returning
When you return from parental leave, you have the right to request flexible working arrangements. This can include: part-time hours, changed start/finish times, working from home, or job sharing. Your employer must respond within 21 days and can only refuse on reasonable business grounds. They must provide written reasons if they refuse. This right applies until your child turns school age (or 18 for a child with a disability).
What to do if your rights are breached
1. Document everything — save emails, note conversations with dates and witnesses. 2. If you're being treated differently because of your pregnancy, raise it with HR or your manager in writing first. 3. If the behaviour continues, contact the Fair Work Ombudsman on 13 13 94. 4. You can lodge a general protections claim with the Fair Work Commission within 21 days if you're dismissed. 5. You can also complain to the Australian Human Rights Commission.
Official resources
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.
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