Preface
Background
In 1999, the Human Rights and Equal Opportunity Commission's (HREOC) Report of the National Pregnancy and Work Inquiry, Pregnant and Productive, recognised the importance of paid maternity leave to Australian women and recommended that the Federal Government commission economic modelling to assess the viability and consequences of such a scheme. This interim options paper has been developed in order to consult, inform the debate and examine the options for paid maternity leave in Australia. The economic modelling to support this debate has not yet been done.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) identifies paid maternity leave as a right for women in order to eliminate discrimination on the ground of maternity and to ensure women's right to work. [1] By July 2002, Australia and the USA will be the only two OECD countries that do not have a paid maternity leave system. Eighteen of Australia's significant trading partners currently have some national scheme of paid maternity leave. This will increase to 19 when New Zealand's government-funded paid maternity leave scheme takes effect in July 2002.
The debate about the need for a paid maternity leave scheme in Australia is not new. The complaints record of HREOC continues to demonstrate that the onset of maternity is a major cause of discrimination against women and highlights the need for measures to eliminate this discrimination.
In recent months, paid maternity leave has received increased public attention, with the beginnings of a lively debate about the merits of such a scheme. The prominence of this issue reflects the high percentage of Australian women in paid work with dependent-aged children (and of two income families) and the increasing investment in women's education and training. It also reflects acknowledgement that women should not be disadvantaged in that investment by their decision to have a child. Paid maternity leave is also part of the broader issue of enabling people to better combine their work and family responsibilities, arguably as one of a suite of measures that would support these joint responsibilities.
The current level of interest in this issue makes it timely to reexamine whether existing support for maternity in Australia is sufficient, or whether there is a need for a national paid maternity leave scheme.
About this paper
The purpose of this paper is to provide a framework for discussing paid maternity leave options. The paper does not aim to provide a response to all of the questions surrounding possible arrangements for paid maternity leave. As an interim options paper, it raises some of these questions for consideration and seeks input from interested people, organisations and agencies.
The paper is divided into four sections.
Part A includes an introduction to the paper and provides an overview of the present circumstances of Australia's working mothers. This includes a statistical overview of women's labour force participation in Australia, with an emphasis on maternity leave and a description of current government and industrial arrangements for supporting maternity in Australia.
Part B provides an international context for considering paid maternity leave options. This includes a description of international standards in relation to paid maternity leave and a summary of paid maternity leave schemes operating internationally.
Part C sets out the possible objectives of a paid maternity leave scheme.
Part D outlines a number of criteria on which a paid maternity leave system could be based and potential options for establishing a paid maternity leave system in Australia.
Consultations and research
In developing this paper, the Sex Discrimination Commissioner has undertaken consultations on paid maternity leave with employer and industry groups, employee organisations, government, academics and community organisations.
There is a lack of statistical information, and in particular current statistical information, available about maternity, family responsibilities and work arrangements. This means that there are significant limitations on what can accurately be predicted about future provisions for paid maternity leave. HREOC did not have additional resources to conduct empirical research for this paper, and as such has had to rely on existing information. Future research in this area is vitally important and has been highlighted at relevant points throughout the paper.
The final options paper
A final options paper, including fully developed options for paid maternity leave, will be released later in 2002.
The final options paper will draw on public submissions received in response to this interim options paper. The interim paper will be distributed to all those who contributed to it and other interested individuals and organisations, for comment. In particular, correspondents will be invited to pay particular attention to the proposed options and to provide comment, additional analysis and detail on those they consider to be most relevant. Modelling or detailed analysis will be taken into account in the final paper.
Making a submission
Submissions are invited on the issues raised in this interim options paper. Electronic submission by email is encouraged.
Submissions should be sent to one of the following addresses:
By mail:
Paid Maternity Leave Submission
Sex Discrimination Unit
Human Rights and Equal Opportunity Commission
GPO Box 5218, Sydney, NSW 1042
By email:
paidmaternityleave@humanrights.gov.au
By fax:
02 9284 9789
The closing date for submissions is Friday 12 July 2002.
1. Convention on the Elimination of All Forms of Discrimination Against Women GA Res 180 (XXXIV 1970), 19 ILM 33 (1980). CEDAW was ratified by Australia on 28 August 1983 and is annexed to the Sex Discrimination Act 1984 (Cth) as a Schedule. Australia is a signatory to CEDAW. However, as outlined in Chapter 3 of this paper, Australia entered a reservation in respect of the maternity leave provision, art 11(2)(b).
