Hi
Has anyone had any experience in dealing with FairWork with regards to your employer finding you alternative safe work arrangements if your current job is unsafe for you to do while pregnant? I'm in my third trimester and it's unsafe for me to return to my current job, but I think the alternative they have proposed isn't safe either, and they said it's either that or start maternity leave early.
I'm not sure what I can do from here. Anyone had a similar experience?
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16-05-2015 19:20 #1
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Safe job alternatives and Fair Work
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16-05-2015 20:14 #2
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Safe job alternatives and Fair Work
It's hard to say without knowing the type of work you're talking about. Either way your doctor should be able to weigh in on whether a 'normal' pregnant woman could do the proposed work. If so, and you can't, perhaps using your personal leave would work. If your GP says the proposed work is crazy that's perhaps something you could take to HR. However if there are no additional positions at your work I don't think there's much you can do?
I'm just guessing though. I have no experience in the area and I'm not familiar with the legislation. Hopefully another hubber can help.
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16-05-2015 20:18 #3
Do you have a company dr? Mine actually came and supervised some of the work. My work was pretty good in providing alternative work. They had a guide, like at this many weeks you shouldn't be climbing ladders, bending down more than x many times per hour, no shift work after 24 weeks etc. I was just a guideline though and I opted not to follow it as I was comfortable staying on shift work till I went on leave at 38 weeks.
It's always a bit of a grey area and to be honest if there isn't suitable work available you might have to take leave early.
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16-05-2015 21:08 #4
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I've come across a similar question in a different place recently. In this instance the asker had sought advice from their union which amounted to the employer had to either find them a suitable alternative or put them on paid leave.
I have never personally dealt with this and don't work in HR so am unsure how accurate this is and if it applies to you. I wouldn't think they could make you start mat leave until you are within a certain window of your due date.
Anyway, if I was in your situation I'd be hitting up
Fair work for advice. Good luck!
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