Pregnancy and employment law: your rights and protections

You're protected from the moment your employer knows

Pregnancy discrimination remains one of the most common workplace issues employment lawyers see — often subtle, sometimes not, but consistently unlawful. Australian law gives pregnant employees, and employees returning from parental leave, a specific set of protections that exist independently of your ordinary employment rights.

Protection from discrimination

It's unlawful for an employer to take adverse action against you — including dismissal, demotion, a change in duties, or refusing to promote you — because you're pregnant, intend to become pregnant, or are on or returning from parental leave. This is protected both under the general protections provisions of the Fair Work Act and under discrimination law. It doesn't matter whether your employer says the decision was about "restructuring" or "performance" if pregnancy was actually a substantial reason for it.

The right to a safe job

If your current role poses a risk to your health or safety, or the health and safety of your pregnancy, because of the pregnancy, you're entitled to be moved to a safe job with the same pay and conditions, for as long as needed. If your employer can't reasonably provide a safe alternative role, you're entitled to paid "no safe job" leave instead — you shouldn't be forced to take unpaid leave or use your annual leave in this situation.

Parental leave entitlements

Under the National Employment Standards, eligible employees are entitled to up to 12 months of unpaid parental leave, with the right to request an additional 12 months. Separately, the government-funded Paid Parental Leave scheme is expanding to 26 weeks from 1 July 2026, paid at the national minimum wage rate, with a portion of that leave reserved specifically for the second parent to encourage both parents to take time off. Most families combine the government-paid scheme with unpaid leave under the NES to put together a longer period at home.

The right to return to your job

When your parental leave ends, you're entitled to return to your pre-leave position, or if that role no longer exists, to an available position that's nearest in status and pay to your old one. Being quietly restructured out of your role, offered a lesser position, or finding your job has been given away while you were on leave can all be unlawful, depending on the circumstances.

If something's gone wrong

Common warning signs worth taking seriously include being managed out shortly after announcing a pregnancy, being excluded from projects or communications while pregnant or on leave, redundancy processes that conveniently coincide with your leave, or a "restructure" that happens to eliminate your specific role while you're away. If any of this sounds familiar, it's worth having your situation reviewed — strict time limits can apply to some of these claims.

This article is general information only and does not constitute legal advice. Entitlements can vary depending on your award, agreement or contract, and eligibility rules apply to government payments — speak with one of our employment lawyers about your situation.

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