Partners of women who give birth via caesarean sections do not automatically become "primary carers" for their new babies, the Fair Work Commission has ruled in a dispute about paid parental leave.
A national review has recommended stronger laws to prevent discrimination against pregnant employees and parents, while also highlighting some leading practices by employers in relation to parental leave and pregnancy.
The Federal Government's proposed paid parental leave scheme is a positive move for small businesses, but could force a difficult decision on large employers with generous paid leave initiatives already in place, according to Diversity Council Australia CEO, Lisa Annese.
Employers and particularly their HR departments could avoid the bulk of complaints about pregnancy discrimination through good communication with employees, according to a partner at Hicksons law firm.
Many employers assume they're "doing the right thing" when they stop communicating with employees on maternity leave, but according to seasoned executive Janine Garner, this is an ineffective - and potentially damaging - business strategy.
The parental-leave process can be fraught with confusion and misunderstandings, but according to return-to-work expert Emma Walsh, employers can take simple, inexpensive steps to make the transitions easier for everyone.
With expectant parents already able to file claims with the Family Assistance Office, employers need to know how to answer employees' questions about the imminent paid parental scheme, say Lander and Rogers employment lawyers.
A NSW employer that allegedly told a worker to "bear the consequences" of her "inconvenient" pregnancy, is facing fines of up to $231,000 following the launch of the Fair Work Ombudsman's first pregnancy discrimination case.
The Federal Government's paid parental leave scheme is due to take effect on 1 January next year, but smart employers are preparing now in order to capitalise on its benefits, says special counsel for Freehills, Elizabeth Ferrier.
