Returning to work after maternity/ parental leave can be both an exciting and challenging experience. I dreaded the fast approaching day as my time with Ollie was coming to a close, and that all too familiar feeling is back with only a couple months of maternity leave left with Elianna. For me, as with many others, returning to work can come with a mix of emotions. Leaving my babies is devastating, but getting back into the swing at work proved a lot easier, and pleasant, than I’d anticipated.
As parents, it’s essential to understand our legal rights and have strategies in place to ensure a smooth transition. This can help take a lot of stress out of an anxiety inducing event for many. This article will explore the legal rights of parents returning to work in Australia and offer practical tips to help ease the process.
Legal Rights in Australia
In Australia, working parents are protected under the Fair Work Act 2009, which outlines several entitlements:
1. Return to the Same Job: Employees are entitled to return to the position they held before taking unpaid parental leave. If the position no longer exists, they must be offered an available position for which they are qualified and suited, nearest in status and pay to their previous position.
2. Flexible Working Arrangements: Parents of children under school age (or under 18 with a disability) have the right to request flexible working arrangements, such as changes in hours, patterns, or locations of work. Employers can only refuse these requests on reasonable business grounds.
3. Unpaid Parental Leave: Eligible employees can take up to 12 months of unpaid parental leave and may request an additional 12 months. This means that if you originally planned to take less than 12 months of leave, and change your mind, your employer must allow you to extend to 12 months, with an additional 12 months upon the request and their approval.
4. Pumping and Breastfeeding: Mother’s returning to work are entitled to the following with regards to pumping or breastfeeding:
- Provided a Private Space (Where Possible): Employers are encouraged to provide a clean, private, and comfortable space (not a toilet) for employees to express breast milk. While not a strict legal requirement, failing to accommodate breastfeeding employees could be considered discrimination.
- Allowed Flexible Breaks: Returning mothers should be given reasonable opportunities to express milk during their work hours. This could be through paid or unpaid breaks, depending on the workplace agreement or award.
- Provided Access to Milk Storage: Employers should allow access to a refrigerator where expressed milk can be safely stored. Again, while not a strict law, refusal could be seen as discrimination.
- Ensured a Supportive Environment: Under anti-discrimination laws, employers cannot refuse to hire, demote, or treat a breastfeeding employee unfairly because they need to express milk at work.
10 Practical Tips for a Smooth Transition Back to Work
1. Communicate with Your Employer: Before returning, discuss your return date, any flexible working arrangements, and any concerns you may have. Open communication helps set expectations and fosters a supportive environment.
2. Utilize Keeping in Touch (KIT) Days: In Australia, employees can access up to 10 paid KIT days during their parental leave to stay connected with the workplace. These days can be used for training, meetings, or work-related activities and do not affect your leave entitlements.
3. Arrange Childcare in Advance: Securing reliable childcare can alleviate stress. Consider factors like location, cost, and compatibility with your work schedule. Remember that daycare waitlists can be incredibly long, so the earlier you get on to this, the better.
4. Plan a Gradual Return: If possible, negotiate a phased return to work, such as starting with part-time hours or working from home. This approach can help you adjust more comfortably. Personally, I’ll be returning part-time for the first 2 weeks, before moving back to full time.
5. Be Clear About Your Expressing Requirements: If you plan to pump breast milk while you’re at work, it’s important to make sure you ensure that you and your employer are on the same page. Schedule in your pumping sessions at the same time every day and make sure your employer knows that these are not flexible. Pumping at irregular times, for skipping pumping sessions is a quick path to supply issues.
6. Set Realistic Expectations: Recognize that balancing work and parenting is challenging. Set achievable goals and be kind to yourself during this transition. Also remember that children starting daycare tend to get sick often, so set the expectation for yourself early, that until their immune system has strengthened, you’ll be needing to take some sick days.
7. Build a Support Network: Connect with other working parents, either within your workplace or through external groups. Sharing experiences and advice can provide valuable support. As well, connecting with other parents at your place of work give you someone to reach out to for guidance around your particular workplace’s policies.
8. Stay Organized: Use tools like calendars, to-do lists, and reminders to manage your responsibilities effectively. I found this especially important when trying to come out of my baby fog, and back into the functioning corporate world.
9. Keep Open Lines of Communication at Home: Discuss household responsibilities with your partner or family members to ensure a fair distribution of tasks. It’s also important to check in mentally. Returning to work can be really difficult, and talking about it with your partner will allow them to understand what you’re going through.
10. Seek Professional Support if Needed: If you’re struggling with the transition, consider speaking with a counselor or joining a support group for working parents. A lot of workplaces have employee assistance programs (EAP) with free counseling services for their employees.
Conclusion – Final Thoughts on Returning to Work After Maternity/ Parental Leave
Returning to work after parental leave is a significant and often stressful transition. Understanding your legal rights and using proactive planning can help ease the stress and ensure you aren’t taken advantage of or making the transition more difficult than it should be
What was your biggest challenge when returning to work after parental leave? Share your tips in the comments!
x Laura
Laura the Working Mom 