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employment matter
guidelines
arrangements for
dealing with pregnancy, potential pregnancy and breastfeeding
Contents:
Introduction
Analysing your workplace
Questions
to Identify Pregnancy, Potential Pregnancy and Breastfeeding Issues for Women
Suggested Actions to Take to Address
Pregnancy, Potential Pregnancy and Breastfeeding Issues
for Women
Predominantly Male Workplace Issues
Moving from Compliance to Leading Practice
Case Studies
Related Links and Resources
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Having a comprehensive work/life strategy that
includes programs and policies for pregnant and potentially
pregnant employees has been proven to contribute to an increased
return rate from maternity leave and the retention of talented
staff. Such strategies also enable women to fully contribute to
the workforce and reach their full potential. |
The information provided here aims to assist
you to start thinking about:
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How you could analyse your workplace to
identify any pregnancy, potential pregnancy and
breastfeeding issues for women.
-
Suggested actions you could take to address
the pregnancy, potential pregnancy and breastfeeding issues
for women you have identified.
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Keep in mind that women are a diverse group and
differences such as age, religion, cultural and linguistic backgrounds,
disability, sexual orientation etc. should be considered when shaping
your workplace practices. Organisations that recognise and value women’s
diversity stand to benefit from the range of skills and experiences they
can bring to a diverse society.
Not all issues, actions or examples suggested here are relevant to your
organisation. It is up to you to decide what is appropriate and relevant
for your organisation to consider when analysing your workplace to
identify issues for women, and taking actions to address these.
However, many of the suggestions outlined represent leading practice in
contemporary human resource management and provide an opportunity to
harness the contribution your employees can make to productivity and the
achievement of organisational goals.
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To assist you to analyse your workplace and identify any pregnancy,
potential pregnancy and breastfeeding issues for women, you could:
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Identify how many women in your workplace are
either pregnant, on maternity leave, or newly returned and
nursing a small baby. Expand this group to include
‘potentially pregnant’ employees – women who are often
categorised as likely to become pregnant because of
assumptions based on their age or marital status. While
these figures may give you a reasonable working base, be
prepared to also look beyond assumptions based on age and
marital status. Collecting this data anonymously through a
comprehensive work/life needs assessment is one way of
gathering objective statistical data on this issue.
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Consult with your employees.
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Examine your current policies and practices
relating to pregnancy, potential pregnancy and
breastfeeding.
-
Review your policies on flexible work
arrangements to ensure that a broad base of options are in
place.
-
Recognise the importance of retaining staff
after parental leave.
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Remember, your organisation is unique and may
therefore have unique issues. However, the following questions may be
helpful when analysing your workplace.
Pregnancy and Potential Pregnancy
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Are
pregnant women and women of all ages and different marital
status recruited into your organisation' |
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Are
pregnant women and women on maternity leave retained at similar
rates to non-pregnant employees during periods of restructuring'
Are women on parental leave included in salary review processes' |
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Are more
than 75% of employees who access maternity leave returning from
leave in your workplace' |
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Do women
on maternity leave return to at least equivalent positions' |
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Do women
know that they can access their leave to attend medical
appointments' |
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Does your
work environment support a woman’s choice to stay at work until
a date close to the expected date of birth' And to return at a
time that suits her between 6 weeks or up to 12 months' |
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Is your
workplace safe for pregnant employees' If not, what can be done
to make it safe' Is there a mechanism for pregnant women to be
transferred to safe roles during their pregnancy if their
current role cannot reasonably be made safe' |
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Would your
policies, procedures and decisions about women who are pregnant,
potentially pregnant or breastfeeding withstand the rigour of a
review by an independent third party' |
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Is there a
mechanism for employees to make formal complaints in relation to
discrimination on the grounds of pregnancy or potential
pregnancy' |
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Can women
returning to work from maternity leave access flexible work
arrangements' |
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Do
pregnant women access training at similar rates to women who are
not pregnant, or to men' |
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Is there a
Keeping In Touch Program to help women on maternity leave
maintain contact with the workplace' |
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Are
pregnant and breastfeeding employees promoted or do they have
access to other benefits at a similar rate as non-pregnant
employees' |
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Are women
still with the organisation six months after returning from
maternity leave' A year later' Are women still with the
organisation after 2 or more periods of maternity leave' |
Employees Who Are Breastfeeding
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Do working
conditions enable employees to continue to breastfeed after they
have returned from maternity leave' |
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Are women
confident that they will not be treated less favourably as a
result of being pregnant or breastfeeding' Is the response
similar for women of different backgrounds (eg. culturally
diverse women, disabled women, older women)' |
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Does the
organisation provide a hygienic and comfortable environment for
breastfeeding employees to express milk' |
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Are there
opportunities for women to work from home and/or work flexible
hours' |
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Does the
organisation provide breast pumps for women who are
breastfeeding' |
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Does the
organisation provide access to carer’s leave' |
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To
comply
with the Act, you need to take actions to address the
pregnancy, potential pregnancy and breastfeeding issues for women you identified. You do not
need to do everything all at once and you can aim to achieve equal
opportunity over time.
To be
waived from reporting in following years,
you must clearly demonstrate that you have taken all reasonably
practicable measures to address pregnancy, potential pregnancy and
breastfeeding issues for
women you have identified (for example, your issue might be difficulties
in retaining female staff after a period of parental leave).
The following suggestions will help you to start
thinking about actions you could take to address any pregnancy,
potential pregnancy and breastfeeding issues issues you have identified.
Keep in mind that:
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Not all of these actions may be relevant to
your organisation. You will need to decide whether you
choose to do all, some, or none of the suggested actions and
whether you wish to tailor suggested actions to suit the
needs of your workplace.
-
If
your workplace analysis demonstrates your organisation has
no issues for women in this employment matter, you would not
need to take any actions.
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Developing Policies and Procedures
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Develop a policy to support women who are
pregnant, returning from maternity leave or breastfeeding.
Ensure that this does not make any assumptions about the age
of pregnant or potentially pregnant women, or those who are
adopting children.
-
Include pregnancy and potential pregnancy
issues in your policy and training on workplace harassment
and discrimination.
-
Make a presentation to your management team
that demonstrates the business case for actions to create an
inclusive workplace for pregnant employees, and employees
who are breastfeeding. Ensure your recommendations are
sensitive to the needs of women from different cultural
backgrounds and of different ages.
-
Research what other companies have done to
support women in this area. Assess how the strategies of
leading practice organisations can be translated into
actions within your own workplace.
-
Hold a series of lunchtime workshops with
guest speakers on parenting issues.
-
Consider including speakers who address how
they managed pregnancy/ breastfeeding while working. Look
for speakers to represent a diversity of backgrounds and
experiences. Include parents from your own organisation to
share the experiences of returning to work and how they
coped with key issues.
-
Provide a clean private room (other than a
toilet) where nursing employees can express breast milk or
breastfeed their baby.
-
Provide a comfortable chair, access to a
small fridge and facilities for washing hands and storing
expressing equipment.
-
If possible, provide a carer’s room.
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Reviewing Policies and Procedures
-
Review your people management policies to
ensure they are inclusive of pregnant and breastfeeding
workers.
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Are pregnant women allowed to
attend doctors’ appointments during work
time'
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Do you provide leave for women
to participate in IVF programs'
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Can pregnant women utilise
sick leave to attend appointments'
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Do these policies cover all
pregnant employees, regardless of their
employment status' And
is this information readily communicated to all
employees'
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Develop a policy that supports and
facilitates breastfeeding in the workplace.
-
Include lactation breaks for nursing mothers
in your policy in a way that is flexible and which meets the
mothers’ needs and the organisation’s needs.
-
Conduct focus groups with your female staff
to identify the challenges and opportunities for improving
the workplace for pregnant and breastfeeding women. Make
sure you include women of different cultural/religious
backgrounds and ages.
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Conduct a safety audit of your work
environment to ensure it is as safe as practicable for
pregnant employees, and for any co-workers whose jobs are
altered as a consequence of a change in tasks.
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Review maternity leave statistics – time off,
return rates, return modes (for example, full-time and
part-time returns) etc.
-
Consider including paid maternity leave
beyond legal minima.
-
Ensure that mothers have flexible
return-to-work options (for example, part-time work,
job-share) that assist them to continue breastfeeding.
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Reviewing People Management Processes
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Ensure that pregnant, potentially pregnant
and breastfeeding women get access to the same training and
development as their peers.
-
Ensure that pregnant and breastfeeding women
are still considered and recommended for roles as part of
your succession planning.
-
Ensure that managers and those responsible
for making decisions regarding promotion, recruitment etc.
are trained in EEO and the issues concerning pregnant or
potentially pregnant women.
-
Where appropriate, provide the opportunity
for employees to undertake casual paid work whilst on
maternity leave.
-
Ensure that your organisation has provided an
appropriate and reasonable work environment for pregnant
employees (eg. seating, regular access to water and
toilets).
-
Involve staff working in your occupational
health and safety area, and consult with OH&S
representatives to ensure the workplace is safe for, and
accommodates the needs of, pregnant employees.
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Supporting Employees
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Develop a parental leave information kit that
contains the organisation’s parental leave, return to work
and breastfeeding policies. Give examples of the
documentation that will be required to inform their
manager/organisation about their leave requirements and
plans to return to work. Include both manager and staff
responsibilities and a planner for the manager and the
employee.
-
Implement a Keeping in Touch Program for
women on maternity leave. This would include opportunities
for the employee to attend Team Meetings, Training Sessions
and other activities to maintain their skill levels.
-
Provide information on child-care options and
services.
-
Provide networking opportunities for pregnant
employees to share their experiences with other women who
have returned to work after maternity leave.
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Communicating Policies and Procedures
-
Ensure that your policy and procedures in
support of pregnancy, return from maternity leave and
breastfeeding are communicated and accessible to all
employees (including culturally and linguistically diverse
women, disabled women and older women).
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Educate your selection panels on how to
interview pregnant and potentially pregnant women, and on
how they can ensure they do not discriminate against them.
-
Encourage managers to communicate with
pregnant employees about:
- Flexible
work options available to women returning from
maternity leave.
-
Any dependant care support
that the organisation provides (for example, a
telephone information service
or child-care resource kit).
-
Encourage managers to continue talking with
employees so they can balance the needs of the individual
and the business.
-
Educate managers to not make
assumptions about the capabilities of pregnant
women. Also, keep in mind that women’s cultural
differences may influence how they communicate their
pregnancy needs and values.
-
Ensure that the needs and
requirements of pregnant women in a work team are
discussed with other staff in the area, particularly
if there is a need to change work allocation. This
may help to avoid resentment within the team and the
perception that pregnant women receive special
treatment.
-
Use training forums to ‘mainstream’
EEO issues (for example, cover Valuing and
Managing Difference through Conditions of Service
in induction training).
-
Hold managers accountable for
providing equal opportunity to pregnant, potentially
pregnant and breastfeeding women, by including this
accountability in managers’ workplace and
performance agreements, and in key performance
objectives.
-
Encourage managers to lead by example
when providing equal opportunity to pregnant and
potentially pregnant women and women who are
breastfeeding.
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If you would like additional information on your
organisation’s legal responsibility or additional information on
pregnancy, potential pregnancy and breastfeeding, you may wish to visit
the
HREOC – Sex Discrimination Act for a copy of the Pregnancy
Guidelines (1999) resulting from the National Pregnancy and Report
Inquiry.
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An equal opportunity program must deal with the
specific needs and issues of your organisation. Such a program
identifies and outlines the issues you are addressing and the
initiatives you will put in place to achieve results. The most
significant issues facing organisations with a majority of male
employees may be:
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A lack of applications from female employees.
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A low proportion of women in management.
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A low proportion of women in non-traditional
occupational roles, eg. trades, labouring, plant and
machinery operators, corporate lawyers, engineers, bankers,
finance.
-
Problems retaining female employees.
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What
policies exist concerning workplace flexibility' |
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Is there a
high percentage of women returning from maternity leave' |
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Do your
policies and practices reflect the needs of staff' |
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Do you
keep in touch with women while on maternity leave' |
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Have you
introduced part-time work and family leave' Can you introduce
more flexible hours (such as flexible start and finish times)' |
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Have you
introduced a ‘work from home’ policy' A job-share policy' If so,
what is the usage rate of these policies' |
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Do women
within your organisation feel that they can talk about their
pregnancy or desire to fall pregnant without it affecting their
careers' |
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Have you
identified success stories and ongoing challenges to accessing
and implementing flexible work arrangements' Do the responses
vary for women and men' |
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Have you
conducted an assessment that identifies the child-care needs of
all staff (both women and men)' |
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Have you
introduced a family or carer’s leave policy' |
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What
action have you taken to respond appropriately to the identified
needs of pregnant, potentially pregnant and breastfeeding women' |
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If you
have not already done so, is it feasible for your organisation
to introduce a Keeping in Touch program for women who are on
maternity leave' Do you have clear policies and guidelines on
how and when staff should apply for parental leave' |
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Moving from compliance to waived status requires you to demonstrate that
you have taken all reasonably practicable measures to address
recruitment and selection issues for women that you have identified.
Whilst there is no set formula to achieve waived status, the following
categories of action may help to generate ideas of what can be achieved
to address the issues of women in your workplace and increase the
opportunities to recruit and select the best possible talent for the
job.
Data Review
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Conduct an
assessment of the current and future needs of the women
within your organisation in relation to current and future
pregnancies and breastfeeding. Consider linking this audit
with a more general work/life assessment that also reviews
the needs of the business, team leaders and male staff as
well as female.
-
Use the
data collected from the assessment to update your strategy
and where appropriate, link this into the development of
your business case for paid maternity leave.
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Strategies
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Establish
a carers’ room at appropriate sites. Provide a clean and
safe place for breastfeeding mothers to express milk on
their return to work. Ensure that a fridge is available for
storage.
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Implement
a Stay in Touch program or network for employees (both women
and men) on parental leave.
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Include staff on parental leave (women and
men) in the annual remuneration process.
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Provide staff with access to free advice on
workplace flexibility issues, including child-care.
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Ensure that there is a designated
breast-feeding or parents’ room in the office.
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Ensure that there is a working policy that
enables staff members returning from maternity leave to
bring their babies in to feed, or when child-care
arrangements cannot be made.
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Encourage senior managers and managers to act
as role models and to take up flexible working arrangements
such part-time hours or job-sharing if they wish to do so.
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Ensure that a phased return-to-work system
upon returning from parental leave is in place.
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Enable all staff, including managers, to
utilise flexible hours to breastfeed.
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Policies
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Review
your current policies on maternity leave, flexible working
options, carer’s leave, paid parental leave, OH&S (in
relation to pregnant, potentially pregnant and breastfeeding
employees). Check that these policies are compliant with
current legislation.
- If they do not exist already, implement
the following policies across your organisation:
- Maternity
Leave / Parental Leave Policy
- Breast
Feeding Policy
-
Pregnancy and Work Policy
-
Children in the Workplace Policy
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Pregnancy Risk Assessment
- A Maternity Leave Policy should include
access to part-time hours on return to work.
- Ensure that staff on maternity leave are
paid a contact allowance for being available to attend
selected meetings.
-
Offer paid maternity leave and paid parental leave.
Benchmark against others in your industry to see
what your competitors offer.
Below are some examples of paid maternity leave
options:
- 6
weeks half-pay on commencement of leave, 6 weeks
half-pay after six
months back at work.
- 8
weeks paid leave available to all staff (permanent
and casuals with more
than 12 months service).
-
12 weeks paid leave for
primary care giver and 1 week paid leave for
secondary care giver – no
length of service requirement.
- 26
weeks paid leave – can also be taken for 52 weeks at
half pay.
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Examples of Initiatives
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Permit staff to work from home after
returning from maternity leave, including managers.
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Meet all reasonable requests for changes to
hours on return from parental leave.
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Monitor staff members’ workloads on return to
work.
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Provide staff during late pregnancy an
allowance to park in city.
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Allow provisions so that staff can retain
their company car during parental leave.
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Provide ergonomic assessments of pregnant
staff’s working areas by appropriately trained staff.
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Continue to provide educational assistance to
staff on leave.
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Provide a pager service so that a child-care
centre can page a mother at work when her child needs to be
breastfed.
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Allocate a ‘buddy’ to every staff member on
parental leave to ensure they are kept up to date.
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Education
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Advise managers and supervisors that they
need to assist staff returning from maternity leave with
successfully utilising workplace flexibility.
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Offer refresher training or other
re-induction programs to staff returning from maternity
leave.
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Communication
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Communicate relevant policies to all staff
members.
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Maintain ongoing communication before, after
and during parental leave.
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Put in place a ‘Keep in Touch’ program.
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Regularly prodcue booklets or pamphlets
addressing these matters and circulate them to all staff,
including those on leave.
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All case studies are available from the EOWA website:
www.eowa.gov.au.
Mixed Gender
John Wiley & Sons conducted a staff
attitude survey, which indicated that more flexible options were
required to accommodate pregnant or potentially pregnant staff.
Monash University
introduced a number of groundbreaking strategies to support staff on
maternity leave and mothers returning to work. Their maternity leave
policy was revised to provide women with paid leave of 14 weeks at full
pay and a further 38 weeks at 60% pay on a pro rata basis.
Predominantly Male
IBM Australia implemented flexible work
and breastfeeding policies for mothers returning to work, while carer’s
and family leave became integrated into the organisational culture.
Kimberly Clark Australia’s management,
through analysis of their workplace program, realised that they needed
to increase the rate of return from maternity leave. Through specific
actions, they improved their return rate to almost 100%.
Predominantly Female
Aldersgate recognised that maternity leave
was an ongoing issue that needed to be addressed due to such a high
percentage of their workforce being female. Their actions in response to
this issue produced some extremely positive results.
Australian National Credit Union (ANCU)
also faced the issue of increasing the return to work rate following
maternity leave. Through some innovative actions and a new policy, very
positive outcomes were achieved.
Autoliv Australia, manufacturer of
seatbelts and airbags, recognised the importance of managing pregnancy,
maternity leave and breastfeeding by taking action before issues arose.
Actions such as workplace adjustments, paid maternity leave and
provisions for breastfeeding resulted in a dramatic increase in return
from maternity leave rates.
Blake Dawson Waldron’s key goal was to retain experienced staff
after maternity leave. By adopting sound and flexible EO work practices,
Blake Dawson Waldron was able to dramatically increase their return to
work rate from maternity leave.
Diversity Related
GM Holden identified the need to gain greater
access to the talent pool and to retain more women, particularly in
non-traditional roles. In October 2002, the company introduced 14 weeks
paid maternity leave for all employees with 2 years service. A lactation
break policy was implemented in 2005 and a lactation room was opened in
the new Head Office.
Henry Davis York
recognised the necessity of not only attracting new recruits but also
retaining and promoting talented staff in the competitive legal
industry. A key aspect of their strategy was to provide assistance for
parents and women returning to work from maternity leave.
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To download a comprehensive list of links and resources
across the seven Employment Matters,
click here.
Internet Sites
Australian Breastfeeding Association
http://www.breastfeeding.asn.au/bfinfo/mother.html
In response to an ever-growing number of women returning to the
workforce shortly after the birth of their baby, the Association has
prepared information to assist mothers, employers, unions and
governments to formulate policies to support breastfeeding women in the
workplace.
Diversity Australia
www.diversityaustralia.gov.au is a portal for diversity management,
directed mainly to business, including business educators. The site is
provided by the Department of Immigration, Multicultural and Indigenous
Affairs and complements another new portal that has a government and
community focus.
Diversity
Council Australia
http://www.dca.org.au
Formerly known as the Council for Equal Opportunity in Employment
Ltd, Diversity Council Australia is the most highly regarded diversity
and equal employment opportunity (EEO) support network of its kind for
employers with a distinguished history and acknowledged role as a leader
in employer representation.
Publications
Davey, C.L. & Davidson M.J. (1994). Policies and
practices to encourage women returners: A Case Study. Women in
Management Review, Vol. 9 No. 7, pp. 4-14.
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