When it comes to the health and safety of pregnant employees, employers have a responsibility to provide a safe working environment. One critical aspect of this is ensuring that employees are aware of their entitlements, such as “no safe job leave.” Below, we’ll explore what no safe job leave is, when it applies, and what employers need to do to comply with these obligations.
What is “No Safe Job Leave”?
No safe job leave is a type of leave that pregnant employees can take when they are not fit to perform their usual duties due to health risks, and their employer has no alternative safe duties or jobs to assign. It protects
employees who cannot safely continue in their normal roles during pregnancy.
Is No Safe Job Leave Paid or Unpaid?
The payment structure for no safe job leave depends on the employee’s eligibility for unpaid parental leave:
- Paid Leave: If an employee is entitled to unpaid parental leave but there is no alternative safe job available, they are eligible for paid no safe job leave at their normal rate of pay for the duration of the risk period.
- Unpaid Leave: If the employee is not eligible for unpaid parental leave, they are entitled to unpaid no safe job leave for the risk period.
Who is Responsible for Paying No Safe Job Leave?
If no alternative safe job is available and the employee qualifies for paid no safe job leave, the employer is responsible for paying the employee their normal wage for the risk period. This obligation helps ensure that employees are not financially penalized for circumstances beyond their control during pregnancy.
How Long Does No Safe Job Leave Last?
The duration of no safe job leave is determined by a medical certificate provided by the employee’s doctor. This certificate may need to be updated regularly, often every few weeks, depending on the employee’s condition.
However, during the 6-week period before the employee’s expected due date, the employer can request another medical certificate to determine whether the employee is fit to continue working. If the employee does not provide a certificate within 7 days or the certificate states that they are unfit for work, the employer can require the employee to begin unpaid parental leave as soon as possible. No safe job leave concludes when the unpaid parental leave begins.
Employer’s Responsibilities for Health and Safety
From a health and safety perspective, employers must ensure that pregnant employees are working in a safe environment. If an employee is deemed unfit for their usual duties due to pregnancy, the employer can take the following steps:
– Request a Medical Certificate: Employers should obtain a doctor’s certificate to identify suitable safe duties for the employee.
– Conduct Risk Assessments: Individual risk assessments should be conducted to determine whether temporary changes in employment or working conditions are necessary.
– Allocate Alternative Safe Jobs: Employers can assign pregnant employees to safer roles in different departments, sections, or areas.
– Offer Flexible Work Arrangements: If fewer hours are available in the alternative role, employers can negotiate flexible work arrangements, such as reducing hours, as long as it is agreed upon by the employee.
– Provide Additional Support: This could include offering Employee Assistance Programs (EAP), extra paid breaks, or training to help the employee adjust to the alternative duties smoothly.
What Employers Cannot Do
There are strict rules around what employers cannot do when managing pregnant employees on no safe job leave:
– Terminate Employment: Employers cannot terminate a pregnant employee because they are unfit to work.
– Assign Unsafe Duties: Employers cannot request employees to perform tasks deemed unsafe according to their medical certificate.
– Reduce Hours Without Consultation: Employers cannot unilaterally reduce an employee’s working hours without consulting and obtaining their approval.
– Lower Pay Rates: If the employee is performing lower duties, their pay rate cannot be reduced.
– Deny Flexible Work Requests: Employers must have reasonable business grounds to reject a pregnant employee’s request for flexible working arrangements.
“No safe job leave” is a vital provision that protects the health and safety of pregnant employees when they cannot continue their regular duties due to workplace risks. By understanding and adhering to these obligations, employers can ensure that they provide a safe and supportive environment for pregnant employees while remaining compliant with employment laws.
For more information on how no safe job leave impacts your business or how to manage employee leave entitlements, contact Integrated HR today.
Email: info@humanresourcing.com.au or Phone: (07) 5507 7759.
Written by Victoria Li – Senior HR & WH&S Coordinator