So a quick history. Fell pregnant, informed work ASAP due to somewhat high risk work (There is plenty I could do to avoid the risks). I had been working there since July 2015 full time.
They informed me there was no safe job and I'd be put on unpaid leave, without any notice. Didn't expect that! So instantly, no income. Yay.
I called fair work and I read through the legislation. Fair work informed me, that I was entitled to be on paid no safe job leave even though I hadn't done 12 months because it's calculated to the expected due date which is 19/9/2016. So that will be about 15 months employed.
Work disagreed. Fair work contacted them, but still disagreed and got a lawyer for advice.
The dispute is the 12 months of service. Boss think it's just 12 months of service, full stop. I've done part C and A applies as per below, so it's the entitlement to (b) unpaid parental leave that is disputed (12 months of service)
Paid no safe job leave Fair work Act.
If:(a) section 81 applies to a pregnant employee but there is no appropriate safe job available; andWhen people read the above, what is your interpretation?
(b) the employee is entitled to unpaid parental leave; and
(c) the employee has complied with the notice and evidence requirements of section 74 for taking unpaid parental leave;
then the employee is entitled to paid no safe job leave for the risk period.
An employee, other than a casual employee, is not entitled to leave under this Division (other than unpaid pre‑adoption leave or unpaid no safe job leave) unless the employee has, or will have, completed at least 12 months of continuous service with the employer immediately before the expected date of birth.
I read it as, I am entitled to leave if i WILL HAVE completed at least 12 months of continuous service before 19/9/2016.
Court small claims is the next step as Fair Work can only give advice.
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14-05-2016 18:02 #1Junior Member
- Join Date
- May 2016
No Safe Work Leave and 12 months of service.
14-05-2016 18:10 #2
Yup that's how I read it too. In my experience, Fair Work know their sht and have helped me resolve several situations.
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14-05-2016 18:18 #3
Id take the advice of fair work and push ahead till you get a suitable outcome.
14-05-2016 18:38 #4Junior Member
- Join Date
- May 2016
Thanks. I need the confidence as I'm going to small claims and representing myself. I got a bit of cold feet... I'll post an update on the outcome.
It only costs a filing fee and costs can't be awarded under the Fair Work Act
14-05-2016 18:57 #5
Maybe try one of those 'no win, no fee' legal firms but agree to a set fee prior. Regardless of the outcome, prepare to be treated like rubbish
25-05-2016 18:15 #6
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