Woman challenges law forcing pregnant workers to use annual leave for pre-natal appointments.

“It is simply unfair that women who are trying to work full-time to support a family cannot use their personal leave to attend required scans”.

For some pregnant women attending a required pre-natal appointment can mean a loss of income.

For others it has even led to the loss of their job.

All just for being pregnant.

But a Sydney corporate manager, currently 24-weeks pregnant with her second child, is challenging the laws that force pregnant women to use their annual leave or take off without pay for required pre-natal appointments.

The Daily Telegraph reports that under the Fair Work Act, a pregnant employee must take annual leave or time in lieu for appointments with obstetricians.

Bianca Lemon says the law is unfair.

“It’s the law, if it’s for an appointment or anything to that effect, it’s to come out of annual leave, leave without pay or time in lieu and pre-natal care comes into that category,”

While some companies negotiate special deals whereby employees can take pre-natal leave, Mrs Lemon says that she found in her case if she is eligible for unpaid parental leave she can take unpaid special maternity leave only for pregnancy-related illness, or after 12 weeks for miscarriage, termination or stillbirth.

But not for a healthy pregnancy.

“Men would not have to go through this. As a senior manager at my company, I am entitled to time off in lieu, however I couldn’t help but think of those women in other departments/companies who would be forced to take leave without pay and/or annual leave.”

She said it is unfair that women who are trying to work full-time to support their family cannot use their personal leave (which encompasses sick leave) to attend required scans.

And as all women who have been through a pregnancy know these appointments are not just one offs – doctors recommend that pregnant women are checked by a midwife or doctor eight to 10 times during a pregnancy.

The Royal Australasian College of Obstetricians suggested a visit once a month up to 28 weeks and fortnightly after that.

“The principle here is that the prenatal care is required throughout the pregnancy” Mrs Lemon said.

“I think it should be personal leave. It’s required for your pregnancy and we need to challenge this policy, it’s ridiculous someone has to use their annual leave which comes with the risk of the box rejecting it.”

Under the Fair Work Act, pregnancy is not considered an illness or injury – so pregnancy is not covered under personal leave unless there is a medical complication.

Sex Discrimination Commissioner Elizabeth Broderick told News Limited:

“The National Review report that I launched in July 2014, found that one in two mothers reported experiencing discrimination at some point during their pregnancy, parental leave or return to work,” Ms Broderick said.

“Furthermore, 27 per cent of fathers and partners surveyed reported experiencing discrimination. Both employees and employers told us that they were unclear on their legal entitlements and obligations including around leave entitlements to attend ante-natal appointments.”

Social media reaction to Mrs Lemon’s claims it is a discriminatory and unfair law has been mixed with some saying that they agree women are being treated unfairly – that personal leave is personal leave and workers should be able to do with it what they want.

Others say it is making pregnancy an illness, where as it is a lifestyle choice – and it is making women unattractive as employees.

One wrote:

“And you wonder why employers think twice about hiring a woman in her child bearing years.”

Another:

“I am a woman, a mum and a small business owner. Sorry but we choose to have babies and pregnancy is not a sickness. Therefore it doesn’t qualify for sick (personal) leave. Small businesses do it tough enough”

Those who support the challenge say that it isn’t a level playing field when it coms to leave entitlements:

“They should be allowed to take personal leave, if they have it available. Men can take personal leave for ANY reason, why can’t women? If all the personal leave is used up, then sure, annual or unpaid leave should be used – again, just like us men. It’s a ridiculous law that belongs back in the last century when it was created.”

And another:

“Preventing women from attending medical appointments by making them take annual leave is discriminatory because it impacts women and not men. Why should I have to take annual leave to go to a doctor and my husband gets to stay at work and accrue leave? A baby is made by both a man and a women. She shouldn’t have to suffer and be discriminated against in her job just because she bears the biological burden of carrying the child.”

What do you think? Did your company penalise you for taking off time for pre-natal appointments?

Want more?

There’s an Australian politician who was forced to resign because she was pregnant.

“One pregnant woman was denied toilet breaks until she wet herself at the cash register.”