Anti-Discrimination Board of NSW

No job to return to after maternity leave 

Conciliations: Carers discrimination in employment

Published: 23 October 2017

When a restructure occurred while she was on maternity leave, a woman was unable to negotiate to return to work part-time.

Story

A woman who worked in the public sector made a complaint of carer discrimination when she had problems returning to work part-time after having a baby. 
Because a restructure had taken place during her absence, she had to apply for the position that she had previously held. She felt that one of the interviewers treated her disdainfully and it transpired later that she was not successful in gaining the position. 

This created a problem because until she was placed in another position, she was unable to negotiate to return to work part-time. She therefore couldn’t return at all at the time she had planned, and this was creating financial stress for her. She also said she was pressured to take a redundancy while on maternity leave, which she could not afford to do.

At conciliation, it was agreed that the employer would continue to look for a part-time position for the woman. They would also pay her wages at 2 days per week for the period since the date she had wanted to return to work, subject to finding a suitable position for her eventually. She later accepted a part-time position located near her home and the complaint was resolved.

​​​Back to October 2017 - Equal Time Newsletter​​​​​​

Related content:

Subscribe to e-newsletter​

Equal Time is the Anti-Discrimination Board’s FREE e-newsletter.

​​Copyright notice and disclaimer​

You may copy, distribute, display, download and otherwise freely deal with the content of Equal Time for personal, educational or government purposes, provided that you attribute the Anti-Discrimination Board of NSW as the owner.  

However, you must obtain permission if you wish to (a) charge others for the use of any content of the Board's publications or materials, (b) include any content of the Board's publications or materials in advertising or a product for sale, or (c) modify any content of the Board's publications or materials when reproducing it.  

Equal Time has been prepared by the Anti-Discrimination Board of NSW for general information purposes and is not legal advice. While every care has been taken in relation to its accuracy, no warranty is given or implied   Further, recipients should obtain their own independent advice before making any decisions that rely on this information.  ​​​​