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Indigenous Women and Pregnancy Discrimination
FACT SHEET 4: Pregnancy and Casual and Temporary Employees
Sometimes it can be difficult to know if you are a casual or permanent employee. Generally, casual employees are employed on an hourly or daily basis with no regular hours or rosters covering when they work. A casual employee is not entitled to paid sick leave or annual leave and has no guarantee of on-going employment. A temporary employee is one who is employed for a set period of time only. If you are not sure if you are a casual, temporary or permanent employee you should ask your employer or check your employment agreement or letter of employment.
It is against the law for an employer to discriminate
against casual and temporary workers who are
pregnant, may fall pregnant or are breastfeeding. You
should not be treated any differently from any other
casual or temporary employee in your workplace,
unless you especially ask for changes to be made to
your working arrangements.
Generally casual, temporary or seasonal employees are not eligible for parental leave, however if you have worked on a regular basis for at least a year with the same employer then you are likely to be eligible for up to 12 months of unpaid parental leave. This means that you have the right to return to your old job after your parental leave.
Example: Judy had been working as a casual shop
assistant at a department store after school and on
weekends for two years when she found out she
was pregnant. Her employer told her that because
she was casual she would have to leave when she
had her baby. As Judy is a long term employee, it
is discriminatory for her employer to refuse her
further work because she is having a baby.
Even if you are not entitled to parental leave as a casual, temporary or seasonal employee, it is still against the law for your employer to discriminate against you because you are pregnant, may fall pregnant, need time off to have your baby or are breastfeeding. To find out if you are eligible for parental leave as a casual you could ask your employer, or contact your union, the Working Women's Centre in your State or Territory or the Australian Government Department of Employment and Workplace Relations' WageLine information line on 1300 363 264.
Example: Claire has been employed by her Shire
Council on a six month contract to carry out a
survey of local Aboriginal people. Her baby is due
around the same time her employment contract
runs out. Although Claire is not entitled to
maternity leave and will not be able to return to
the same position after her baby is born, the
Council can not sack her before the end of her
contract or discriminate against her in any other
way because of her pregnancy.
