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  1. #1
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    Default Maternity leave for casual workers

    Hi hubbers, just wondering if anyone knows are casual workers legally entitled to 12 months maternity leave? I'm considering having a 3rd baby and work a minimum of 2 days a week but this has now increased to 3 days for the foreseeable future. I don't have a lock in contact saying how many hours I work. If I do have another baby I would love to have my job held for 12 months to go back to. The thing is, even if they are legally bound to give you mat leave couldn't they just dismiss you as a casual anyway?
    Hopefully someone knows and this helps in my decision to have a 3rd baby or not...

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  2. #2
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    This was on the fairwork website:
    Casual employees
    For casual employees to be eligible for unpaid parental leave they need to have:


    been working for their employer on a regular and systematic basis for at least 12 months
    a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child.

  3. #3
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    So that pretty much says they have to give me mat leave but what's to stop them calling me during mat leave and telling me my job is no longer available? Would that be discrimination maybe.

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    Yes well there's nothing to stop them doing that I guess, but it sounds like they would have to prove there really was no job available and they couldn't hire someone else to replace you. That's the nature of the beast with casual employment I'm afraid, they could turn around tomorrow and tell you they don't need you anymore, pregnant or not. I'd imagine if they had their wits about them they would be reluctant to get rid of a woman on mat leave simply for the fact it could easily be perceived/argued as discrimination, most employers don't want the hassle of fairwork cases etc. At my workplace our casuals come and go fairly regularly because the work is so inconsistent, so there would be no way to guarantee a woman there would be work for them when they are ready to return from mat leave, but I'm not sure what your industry is like.

  5. #5
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    Could you ask to be made part time and sign a contract before you start trying? That's what I would do. Particularly if you do the same or similar shifts each week, they probably won't have an issue changing your employment status from casual to part time.

    Obviously, don't tell them you're planning on ttc.

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    I was casual for 2 and a half years before I went on parental leave (through centrelink) I wasn't entitled to anything through my work. I told them when I finished my leave and was able to return to work, they have not called or responded to any calls, texts or emails from me since. I was working 3 hours 5 days a week and had cut down to 4 days later in the pregnancy. They hired other staff and I still haven't got any shifts from them..


 

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