Pregnancy related discrimination at work, what to do?

UPDATE 2:

As everyone here supported so us so much during our difficult time, I feel like you all are our second family and thus another update.
- The most important one first, our baby is okay. My wife and I are really relieved about this and now look forward to a hopefully smoother pregnancy from here on.
- My wife also resigned from her job and currently taking a few days break. During this break she will decide if she finds another part time or a contract role or starts a small business (from home). She is already feeling better, started to eat and sleep better.
- One of the members helped explain the regulation about maternity leave payment from Centrelink in a private message. We had thought we lost all our entitlements when my wife resigned from the job but thanks to him, we will most likely be able to qualify for the 18 week payments at minimum pay from Centrelink. So if anyone else is in a similar situation where they are getting stressed out at their workplace while being pregnant, don't be afraid to change jobs or even take up a contract. The criteria to qualify for the maternity leave payments from Centrelink are more clearly explained on humanservices.gov.au website. Send me a PM if you need more information and I'll help explain and forward the information. As one of the members helped me out here, I'll be more than happy to do the same for someone else!

Finally, I would like to thank everyone for your support, suggestions and being with us in our difficult time. I might upload a link to our baby's photo when he/she is born :)


UPDATE:

We went to see our doctor yesterday morning who has given stress leave certificate. We then had to go to the hospital in the evening as my wife wasn't feeling well and there could be a complication with her pregnancy, tests are underway. Taking this complication into account, we have decided that we don't want any more stress as the complication with the pregnancy has increased our stress by a several hundred times. Right now we feel that we don't want the maternity entitlements or money, we don't want justice or fight them for principle, we don't care about the wrongs they did. All we want right now is for our baby to be fine and healthy. This is a very hard time for us and we would like to sincerely thank the ozb community who supported us by posting suggestions and a lot of members actually posted links and details. I would also like to thank the members who went the extra step of sending me private messages and members offering me help with baby equipment. I'm really grateful to everyone here and I appreciate every single post.

We will be sending out the resignation letter tomorrow morning to them and if karma does exist then they'll get what they deserve or else they win and it's okay. Once we know that the baby will be okay, my wife has decided to find a contract or part-time job as suggested by one of the members. This is what we have decided.

We have learned some lessons out of this. If a job environment is toxic, leave straightaway and do not stay. I feel terrible because we made this decision of staying despite knowing this place was so toxic. We also learned that we should join the union from day 1 in her next job.

Thanks everyone once again. I really hope no one has to go through such challenges especially pregnant women who are exhausted and feeling sick as it is.


Hi OZB Community,

After spending days of stress, we reach out to you for general advise if any of you have ever experienced or know anyone who has experienced such discrimination and if they did anything about it.

My wife is pregnant and she notified her manager two weeks ago. Since that point on, she has been constantly getting intimidating emails from HR and her manager. They have started to blatantly discriminate against her. We believe their aim is to 'squeeze' my wife out the job by intimidating her so much and causing her so much stress that she has to resign.

We spoke to fairwork's general helpline and after listening to our story, they said it was discrimination and asked us to lodge a complaint. We feel that it is so unfair that she doesn't get any support and won't be getting maternity leave benefits if she resigned. However we are in such a stressed state of mind that we have decided to not worry about the few thousand dollars of lost maternity leave payments. But we don't want the employer to get away with this. So far we think these are our options:

  1. Resign and forget about it and have a happy pregnancy.
  2. Join the union and take this issue to the union.
  3. Lodge a complaint with the fairwork ombudsman.
  4. Contact and lodge a complaint with Anti-discrimination Board (We rang Govt. General and Legal advise as the number was provided to us by fairwork helpline. We spoke to a senior lawyer and he said it was clear discrimination and that we should contact the anti-discrimination board).

My wife has started to experience stress and anxiety and has not been sleeping properly and not been eating properly. We are worried that all this is severely affecting our baby. She has been one of the lucky ones to not feel nausea in the first 12 weeks of pregnancy but because of these events at work, she has been feeling nausea and vomiting as well because of constant stress.
Have any of you experienced such a situation or know anyone who has? What did you or they do? If we went through the path of complaint with union, fairwork or any other agency, she can't return to work and will lose her job, is that correct? Is it worth complaining?

We are normal and honest people and live our lives normally without disrupting anyone else's. We have never been in such a situation before and thus very confused and stressed out. Please note that we cannot disclose any details about the employer or how are they intimidating my wife but the discrimination is very blatant which is surprising because from what we read on the internet, most employers who discriminate against pregnant employees try to not make it so direct and obvious.

Thank you.

EDIT: Another option is to seek support of our doctor and/or hospital to get a certificate to start early maternity leave. She's just started her second trimester and it might be too early so not sure if doctor or hospital will help. Has anyone started a maternity leave so early? Because we know the employer won't support and co-operate, we need a medical certificate to support our claim to start maternity leave early. If the hospital gives us such a certificate as she is suffering from anxiety and insomnia, can the employer still deny the maternity leave or ask her to see like their own independent doctors? Thanks again.

Comments

      • The first initial appointment is free. You can discuss costs with the solicitor at the first initial appointment.

        Happy to help. You will feel much better if you speak to one so don't worry.

        • Thanks, I'll let you know.

        • +2

          Find out what you can do now. Don't wait until after the baby is born.

          If she has worked full-time for more than 12 months, then she is entitled to maternity leave payments, and should receive it.

          Don't let this cause you too much stress and anxiety. Employers sometimes have a way of pushing people out of their roles. Whether it be adding more workload, more responsibilities or decreasing it and giving it to someone else. Don't let them put pressure on her like that. It's very unfair - and that's why you should speak to a solicitor.

  • -7

    While I do sympathise, there is definitely a question I'd like to ask.

    Given that you've admitted he is a bad employer, and has a history of treating people this way, why was your wife working for him? I mean, you can't actually be surprised she's been treated this way if there's a long history of it being a toxic environment.

    There needs to be an informed debate about this issue. There's currently no consensus about paid maternity leave, except that everyone knows prospective mothers (and fathers) are discriminated against, and that it IS a burden on employers to be asked to accept financial responsibility for someone else's choice that renders them unable to work.

    Maybe if a portion of the wage was held in trust in a similar manner to super, and if not accessed by a certain age or for medical reasons, that money could then be returned to the employee. Do we expect employers to fund time off for honeymoons, or gender-altering surgery, or for injuries caused due to stupidity that occurred outside the workplace?

    Paid parental leave is controversial and needs to be addressed as part of the interview process, so both parties have a clear understanding of the issue from the very start. These problems will continue to occur if one party is muzzled from talking about it and resorts to illegal discrimination either during employment or during the selection process.

    • Not really the time nor the place. Just because YOU disagree with paid parental leave doesn't mean that it's okay for employers to bully, harass and discriminate against pregnant women, apparently because they were "muzzled from talking about it". Are you implying here that employers should be allowed to grill potential employees on their reproductive intentions or ability during the interview process? Ridiculous. How would an employee/employer reach a "clear understanding of the issue" by discussing it? Employer: "We don't agree with our legal obligation to provide maternity leave". Employee "Oh ok, no worries, I'll go and get my tubes tied".

      Furthermore, not many employers even offer PAID maternity leave. It's not a legal requirement anymore so if employers don't want the "burden", they can just amend their maternity leave policy and remove paid leave entitlements. Then the only requirement for maternity leave is the employee can return to work, within 12 months.

      Your rant isn't helpful at all to the OP.

      • +1

        I thought this was a forum. Never said it was OK to harass or bully. You want ridiculous? Employers aren't allowed to discriminate on the basis of appearance, but do you think interviewees show up in thongs and reeking of bong-smoke? Of course employers discriminate. They have to discriminate between multiple candidates for a position or they'd never be able to pick one. I'm saying, let's at least try and be honest about that discrimination, rather than getting the standard line that "there was another applicant that was better qualified".

        Would the OP's wife have joined the company if they'd been upfront and said they have a problem with the legislation? Probably not. She'd currently be working at a different company in a much more supportive environment. And the company would have lost a good employee.

        I was shafted by my ex-employer (Uncle Toby's) who refused paternity leave, and the union I was a member of was absolutely useless. I resigned in disgust. The corruption and discrimination within companies is appalling. But proving it is expensive and often ends in failure.

        Couldn't people at least discuss an adult way to anticipate these issues earlier rather than waiting for the explosion and then running around looking for a fire extinguisher?

    • +2

      You are starting this debate with the premise that paid parental leave is considered a "burden". It is no more a burden than paying taxes for the benefit of the greater society simply because children and families create population growth -when done right- of which balances an ageing population.

      Just because having children is a choice doesn't mean people choosing not to have kids are somehow disadvantaged. If that was the case I would want to debate how much tax funding goes into schools, hospitals, child care services, and numerous other services.

      • That is an excellent reply wyrmy. You are absolutely right - all services are burdens on someone - and all those services are needed. I think we should debate how much employee tax goes into funding, and how much "tax" should be paid by employers to employees in the form of compulsory super we're not allowed to access early, how much tax should be broad-based GST, and how much tax should be paid by companies as a fair share of their profits for the betterment of society.
        This debate should also incorporate things such as housing affordability, and NDIS care for disabled children such as my violent autistic son, and climate change, and 100 other topics. But since Australia has dragged its feet on all of those debates, we have to put up with unwritten discrimination. I'd rather drag that discrimination out in the open and beat it to death with a stick until it stops squirming - and then write some better laws that belong in THIS century.

    • Agree with what imaginaryproduct has said above.

      And I'd like to add that not everyone has the luxury of choosing employer.

      Your comment is not helpful for OP at all.

      • +1

        I acknowledge my comments aren't helpful to the OP specifically. But it is a forum. You don't really want me to ask if the OP's wife protested loudly when the discrimination happened to one of her colleagues, do you?

        Discrimination is not someone else's problem until it happens to us. It's everyone's problem. We are all part of a taxation revenue system that is complex and must meet the needs of many variables. Some employers and employees are unhappy with the current system. Let everyone speak openly about it without being muzzled, or the discrimination will continue to rear its head in ugly ways such as the OP has encountered.

    • +1

      If the moderators feel that my post is off-topic, please move this sub-thread to a new forum post. I appear to have upset some people by broadening the discussion beyond the excellent contributions made by all posters in this thread.

    • Thanks woz, you do have a valid question. It is totally our fault that she didn't resign when a lot of toxic events took place at her workplace. A lot of people who have left told my wife to leave if she is getting stressed out but she persisted. When we were close to making a decision on her resigning, we found out she was pregnant (not fully planned). I am not the one to comment on if paid maternity is fair or not but right now it's there and most working women seem to use it, so we decided that we were entitled to it since my wife had worked (you could say endured) working there for a few years. But we do rue that decision now. We feel that we would have been better off resigning when we were first told. I feel gutted about this as I should have really pushed her to resign before when she came back home with an upset mood.

      • so … sorry but:

        When we were close to making a decision on her resigning, we found out she was pregnant (not fully planned).

        If this is truly about mental health (wife was already stressed out but persisted) then the decision to leave was already made and this issue of pregnancy is a red herring that you're using for a particular kind of entitled vengeance against a company you don't like.

        No wonder you feel guilty about what you should do. I say leave it alone and move along.

        • Thanks snook, you are right. It is partly our fault as well. We felt like as she had endured there for a while, she should be entitled to maternity entitlements. But it's our bad.

  • I'm going to play devil's advocate here but how do you know that she is being "blatantly discriminated" against? It is plausible that her work has suffered a bit because her mind is elsewhere and not entirely on her job, what with the baby coming, and they feel like she is running out the clock?

    Not looking to be attacked here, but i know that it is easy enough to do - i know i was guilty of it when leading up to my wedding and same thing for overseas holidays. You naturally just switch off a bit, or a lot

    • Thanks jellykingdom, your question is perfectly valid and logical. The thing is that they are dependant on my wife's role and her set of skills. And without her doing a handover, they're going to be reasonably stuck. They'll have to call in consultants and spend a lot of money on them. In saying all that, never have they complained about my wife's work. Her work ethic and determination to complete the work even when she had to work longer hours was always there. I would tell her to not work longer hours if they employer didn't offer any incentive in form overtime or time off in lieu but she put her work first.
      We know the discrimination is blatant because it relates to taking leave for pregnancy related medical appointment. Well that's just one of the factors. I can't list other factors here without making it too obvious.
      We never wanted any of this. She is good at her work and we are the type of people who would just work with our heads down and follow processes. One of the people at my work asked me why didn't she join the union from the start? I told him that because we were not planning to get into any fights. I don't know how it works but all I know is it would have to be ugly if we had to involve the union and we never want to get to that stage. Ah well, what can I say? We are the type of people who would walk away if there's going to be trouble and may as well just do that in this case.

  • Without having read all the above comments my advice is:
    1. Try resolve the issue within the work place. Your wife needs to document the items causing her grief and then approach manager/HR and explain her issues. This needs to be done in a calm manner whereby each party can express their opinions. It needs to be documented.

    1. If issue is not resolved by process 1. then seek advice from fairwork/legal. Your case will be a lot stronger if you follow protocol, document evidence.
    • I have read most of this and there are multiple people who have suggested to complain to her direct manager and HR, unless I read this incorrectly they are the ones who are treating her this way, complaining would only encourage them as if their goal is for her to resign so they don't pay her maternity leave then they will know they are close to succeeding and make it even more stressful for this poor women to send her over the edge.

      My advice is, if you have the evidence and a strong case, take it further, go after them for your legal costs as well plus compensation for the stress and physiologist bills.

      If you feel as though this is to much, nothing is worth your wife and your babies health, let her resign and be done with it, but if I were in your position even if I didn't need the money I would do it on principal and also because if they did it to the next women who couldn't afford not to put up with it because she needed the money then who knows what it could lead to.

      • Thanks sriaitken and yacman. Yacman is correct in the assumption regarding direct manager and HR. As some members suggested, we might just leave now and fight it later after the baby is born. We have a log of all the events that have happened.

    • +1

      Yeah this is what people who haven't experienced this kind of situation think you should do… And what I once told someone to do. It ended badly.

      Lesson number 1. HR work for the company, not the employees - which in real terms means they work for the CEO… Then the Exec… Management…. And then you…HR are NOT your friend.

      Lesson 2. A shot across the bow doesnt avoid the forthcoming collision - it just gives them warning to cover their arses and make it look like an accident.

      Go in hard early or not at all. If you are relying on the company changing its stripes - A letter from a Lawyer WILL be read by senior people and is your only avenue.

      • Thanks Wallyt99, your comment is spot on. We would have thought about doing the same thing i.e. going to HR and try to sort it out. But as we've passed this situation, I feel that your post is spot on. Despite all the anger, we chose to not fight it for the same our our healths and especially our baby's health.

        • Thanks for taking the time to respond to my post and others. I think you are making the right decision to walk away. Makes me sick that the effin bastards can get away with it. Exact same thing happened to a close.friends wife and reckon.it happens all the time.

          Incidentally they walked away and have a happy baby girl.

          Twas my wife I suggested go to HR (not that couple). Got worse before it got better.

          All the best. Maybe write to clementine ford about it she can share the story on her blog.

        • @Wallyt99: It does seem to happen all the time. A few members here have told what happened to them and a couple in private messages as well. Thanks for the suggestion regarding Clementine Ford as well, this is something we will consider but we just need to make sure we don't get sued for defamation if we named them.

  • +1

    Maternity leave isn't a "burden". Every woman should have at least a child if they want. Without children the world would not exist. They make the world go around and they are going to be our future doctors/nurses/researchers etc.
    To discriminate and make future parents physically sick is unacceptable.Porco Rosso just do what your heart tells you. Off topic why are you called red pig? It's quite funny :)

    • Thanks fozzie, your question brought a smile to my face. Hadn't smiled in days, so thank you really. I'm a fan of japanese anime movies (quite like porco rosso's style when I was younger), lots of food and bargains. Thus I picked Porco Rosso :)

      • +1

        Lol, I thought you were Italian. Glad I brought a little smile. I hope things will get better soon for your family. I'm sure you'll be OK as it sounds like you love each other very much and once your baby is born it will get better. Good luck xxx

  • +2

    get off ozbargain, and talk to ur lawyer/fairtrade guy or union rep

    without more details, we armchair experts cant help you!!!

    • Thanks djones145, we are contacting a lot of different phone numbers and checking/replying ozb as well. Can't help the old habit of refreshing ozb every few minutes :)
      I'm actually not after expert advise, I'm getting lots of those from all the fairwork/legal aid phone helplines. I'm after good human advise! What normal bargain loving people like myself would do :)

  • If you guys end up launching a complaint, it may be wise not to go back working there. The HR dept and the managers may not handle the complaint investigation well, and if your wife keeps working there she may not be ill treated, but they can make her life more stressful in non discriminatory ways.

    • Thanks, that is what we think too. Complaint or no-complaint, she doesn't feel like working there. She's probably endured this employer long enough and it's probably time to leave, not ideal but we want to put both our healths and our baby's health first.

  • Should have been in a Union and then this is not an issue for you.
    I believe Union membership is mandatory to cover most issues.
    Sorry but this becomes your problem now.

    • Thanks wayacos, yes someone asked us the same thing. Why didn't we join the union from the start. The thing is we never wanted to get into any troubles but that was our mistake. Our other mistake was enduring this workplace and not leaving it when people advised us to. But pondering over what we could have done doesn't help. It's just about what we can do now and hopefully not regret later.

    • I agree. Being a member of a union if possible is great. Sure there are fees, but it gives you more power to be in a group. Particularly if you want a pay rise or better working conditions. Union members get advice from their delegates and they'll help point you in the right direction. Often free advice and even free Wills. Power in numbers! Something to consider in the future. You may think you don't want disputes but things can happen in large or small organisations.

  • +1

    This is serious advice, get printed copies of the evidence, and tell her to start stress leave NOW, she can also begin her maternity leave early if she wants.

    • Thanks eXtremist. We did think of the option of starting early maternity leave but as the employer is so cross we are worried that they'll find something or the other to bother us. Because my wife's suffering from anxiety now, we believe it is best we simply cut ties with these people or at least that's what we are leaning towards most. After that she gets some counselling and try to get back to normal. We really also hope our baby is fine.

      • +1

        who gives a crap if they are cross, start it early and dont come back.

  • +1

    I'm sure you guys know that a Union is not your very own Legal Firm representing you. They can lobby and send a few generic emails to the company's HR and legals, but the company can choose to trash them.
    It's a little more effective when a group of pregnant mums get fired, but with a one-off instant, they're not that effective.

    Back to the topic, taking a company to a legal dispute is a costly and lengthy option. You've already stated:

    We are worried that all this is severely affecting our baby

    Well, taking the company to court isn't going to be less stressful either, unless you have 100% solid proof that they acted in discrimination. When I say 100% accurate, hypothetically it would be like :

    "Hi Mrs X, in the last 4 months, we've found you to be less productive, possibly due to your pregnancy" etc bla bla

    Anything less direct than that can be countered and needs a lot of work with lawyers.

    Please also note, OzBargainers are not legal reps…we're a bunch of nerds trying to save a $

    • Thanks frostman, I do understand and I'm not looking for legal advise here. I'm just after general advise from fellow bargain lovers about what they'd do in such a situation.

    • +1

      How many cases end up in court? Not many.

      A letter from a lawyer is often enough to remind the company of their responsibilities.

  • Hi OP,

    I'm sorry to hear your wife's story. As a workplace bulling victim, I fully understand the frustration, angry and reluctance you're experiencing right now.

    Your wife's happiness and health should be the first priority at the moment. No matter whether you're going to pursue the case or not, She needs to get help first, by seeing a GP, starting a mental health plan. In this case she can choose her own psychologist and Psychiatrist to help her getting better. If you're interested, I can share my experience with you so that you can weigh out which option would be right for you.

    • Thanks tuanyuan, we will be going for counselling so she can try to get back to normal sleeping and eating. If it's okay to share please share your experience. You can PM me if you like. Thank you again.

      • I can't start a new conversion now coz I just registered to reply to your post.
        you can PM me first or I will send you something tomorrow.

  • We got a co-worker who work in the kitchen.
    She randomly got upset over a small stuff which is annoying and get on "our way".

    We also have to double check everything to make sure the work envinronment safe for her.
    The job is totally hazardous for her & I reckon she should consider to stop temporarily or get a office-type job.

    TLDR: If it's office work it's fine, but the working environment which require physical / labour stuff, better not.

    • In my wife's case, her work does not involve anything risky or anything that would affect her pregnancy by doing the normal duties of her job.

      • +2

        Does your wife actually want to keep her job?

        IF so, would recommend against resigning. Would affect a whole bunch of things like eligibility for Centrelink + paid parental leave (for obvious reasons). Would recommend thinking this through and not to panic and do anything rash.

        Might I suggest:
        - Sick Leave / Unpaid special maternity leave combo (Stress based pregnancy related illness) until 6 weeks parental leave starts (INFO), followed by:
        - Normal parental leave for 1 year with the option of extension for a further year

        Would be stupid for the company to dismiss her under these circumstances as it is a direct breach of the Act.

        On your side you would also benefit as you can take concurrent leave from your work alongside your partner which Centrelink pays you for 2 weeks.

        After her paid parental leave from Centrelink finishes or towards the end of her leave, she can make a rational decision as to either return or resign.

        You're playing right into the company's hands if you resign + adverse action based on discrimination is only a civil remedy under Part 4-1 of the Fair Work Act 2009 which attracts a small fine against the company or their directors (for breach of s340, taking adverse action, it is a civil penalty of 60 penalty units max, each being worth $180 at the moment.). Keep in mind this is maximum, magistrate / judge has discretion to reduce to nullify it as they see fit.

        These fines are usually up to the individual to take as it would unlikely be in public interest for any govt department to chase up for 1 person and you basically take them to court and get nothing back (civil penalties go to the treasury). Would not recommend doing this unless you have money to burn. Furthermore objectives in Fair Work Act has outlined the purpose being to "provide a balanced framework for cooperative and productive workplace relations" which means they've moved away from being adversarial (translates to if you have a dispute, lot less likely for govt to step in to help as it is against the intention and powers granted by the act.)

        • +1

          Thanks Serapis for your detailed post and links and we really appreciate your effort to help us. We chose not to fight and move on as we were already not sure about fighting and stressed out at the prospect of it. When we found out that there's a possible complication with our baby, we just broke down at that point.
          In saying that, we asked our doctor to support for special maternity leave. She said she can write leave for a couple of weeks but anything longer needs to come from the hospital and she said we could check with the hospital which we did. The hospital (midwife) told us some criteria where they'd issue special pregnancy leave letters but my wife didn't fit the criteria i.e. did't have the constant bleeding, etc. When I had to take my wife in the evening to the hospital because of her condition, we just decided to leave it and part ways with the company. Maybe it was a panic or rash decision but we felt it was the right one. We have lost money in entitlements, but if our baby is going to be fine then it is a win we'd happily take.

        • @Porco Rosso:

          It's really up to you but I'd say that's a fine choice, as long as you can cope with the bit of added financial pressure. Some things are worth fighting for, some things are just not worth the fight, and everything else… just shake your head and laugh it off.

          Best of luck to you, your wife and your baby =)

        • @Serapis: Thanks a lot for your wishes.
          We've got good support from my family and friends and we've got so much support from the community here, so we will definitely be okay. All we really want now is for our baby to be healthy and okay.

  • After scanning through the comments, I am incredibly surprised that no one has mentioned the time limits on taking legal action. It is one of the first things an employment lawyer will advise their client on, because the time limit is pretty strictly adhered to and it is also very short.

    For Unfair Dismissal or a General Protections claim you are looking at 21 days from dismissal/forced resignation to file a claim. As such, you need to be very quick about following this up! There are various other elements to consider in whether these avenues are available to you and which one to choose (you cannot make both an UFD and GP claim at the same time; if you decide to discontinue one to take the other, it needs to be done before the 21 days after dismissal elapses - which to me sounds very unlikely). I do not intend to give you legal advice though, so I will stop there.

    You should get legal advice from a qualified lawyer who specialises in employment law. There are free services around like Job Watch that may be able to assist, but I'm not familiar with their quality of service. I would recommend going to an experienced lawyer. Often lawyers will give you a free initial consultation; you should be able to contact the LIV to find out which lawyer would be best to assist you.

    Edit:
    The reason I commented was because you seemed to be considering your wife leaving the organisation, having your baby and then deciding later whether to take action. As you can see, later may be too late. I strongly suggest speaking to a lawyer before she resigns or is fired/pushed to resign. At least you will know the likely consequences of doing so and can avoid any common mistakes that disqualify people from making claims.

    • Thanks Claudia89, I did read about 21 days to lodge a complaint on fairwork website but thought it only applied for unfair dismissal. If we do decide to pursue this matter then we'll definitely get proper legal advice. Right now, we are leaning towards resigning and just trying to forget it so it doesn't affect my wife's pregnancy. But we are yet to make a final decision.

      • +1

        Seriously just get a sick certificate… No way a doctor would want your wife going through this. Turn off the phone. You correspond with the company ONLY to provide certs and advise commencement of mat leave. Get every cent you can THEN quit. You wont get a good ref anyway.

        If tou just quit its exactly what they want.

        • Hi Wallyt99, Doctor said she can write certificate for a couple of weeks. She said special maternity leave certificates needed to come from hospital and we tried but we couldn't get it. My wife's company knocked back early maternity leave request blaming my wife of neglect and attempting to exploit entitlements for requesting to start maternity leave so early.
          Maybe by us resigning they are getting what they want but we are only giving it to them because we are getting what we want; no more stress and a healthy pregnancy and a healthy baby.

    • Forced resignation is actually really hard to prove, the onus is on the OP's wife when that happens. I would be against it given the circumstances. Plus FWC outcome for unfair dismissal is basically stress over a few months to 1 year and if successful you either:
      A) get job back
      B) get a small amount of compo

      Not really worth it under these circumstances with a baby and all.

      Without going any further, check out the FWC unfair dismissal benchbook, it's a really helpful source on this.

      • +1

        exactly what I said, unless it was explicit in the email, his wife getting 'whiffs' that she's been treated differently recently, etc can be easily over-turned by legal suggestion she's pregnant and in an emotional state.

        Waste of time.

        If it's explicit, take it further, if not…save your time.

  • +1

    So whats the update? did you contact anyone today?

    • I've updated the original post.

  • +1

    Not sure of the situation, but could it be possible that other women in the past have been treated the same way? There could be a problem created if you do nothing, they will think they can get away with it and do it to other women in the future as well. Even if she is not going to work there, put in a complaint, it may help someone in the future to have your complaint on the record.

    Good luck.

    • Thanks Stphen, it is very likely that it may have happened to someone before. But as I've mentioned in my update to the post, we have decided to just leave it especially because of my wife's pregnancy and complication with it.

  • Congrats for the new baby

    We don't live in an ideal eorld so first of all weigh risks against benifits. Consider the industry she works in and will it affect future job application/ references

    Then discuss with the employer in a no confrontational way (eg I was excited to share my joy…… Now I feel such and such) avoid blaming and arguments

    If fails escelate to higher management, they may not be aware/ agreeable or may de escelate

    Then consider dr's certificate, early maternity leave etc…

    Then consider legal intervention

    If it comes to the worst point she should be patient till she takes maternity leave, enjoy her motherhood, and when her leave is over hand in get resignation snd have the final laugh ( if it won't affect her career in the future)

    • Thakns CandyMan, as I posted in the update to the post, we are struggling with the complication in pregnancy. We have decided to just move on, maybe not the right thing to do but will be the least stressful.

  • +2

    If you dont fight for your rights, who will ? Take stress leave, then when its time change it to maternity leave.

    • Thanks garetz, we would have fought for it if my wife wasn't pregnant and especially if there wasn't a complication. As I posted in the update, we have decided to move on. Even a lot of my friends don't agree with it but we don't want any more stress.

  • I went through a similar thing. I was so sick I had to let my manager know when I was 8 weeks. I was due for a raise, that was removed from me when I said the magic words "I'm pregnant". From that day I was bullied, had my leave questioned, cut from full time to part time and stressed beyond belief.
    I was dragged into meeting after meeting being blamed for things I didn't have control of. I ended up getting access to his emails and found emails saying he wanted me gone, getting legal advice on how to fire a pregnant woman, etc.
    I contacted fairwork and I was told without written evidence discrimination is hard to prove. And it went no where. I found it pointless. The emails weren't evidence because he didn't give them to me.
    I calculated my sick leave and got a dr to give me a med cert for stress for that time. Then i ended up walking in on a Friday and handing in my resignation. I was 27 weeks pregnant. I left with my annual leave which pushed me far enough to be eligible for PPL. Once I handed in my resignation I was told not to talk to anyone in the office. I started to hate being pregnant and not have a bond with my child.
    My personal suggestion would be if you can handle it financially, resign. The stress isn't worth it.
    This is one of the most amazing times in her life and she doesn't need to be made feel inferior or stupid just because she is pregnant. Let her enjoy this time.

    • Funny, in my old work place, woman were getting promoted while on maternity leave (not in the office) !!! My company really wanted them to come back as management was afraid they would look for a new job while bored at home i guess !!!

      • In some places this happens. But my experience and quite a few others aren't like that. Quite a few employers know that they won't be there full time or will be taking additional leave so get rid of them.

    • Thanks icyprincess for sharing your story, my wife's situation sounds similar (bullying, leave questioned, blamed for wilful neglect and lots of other things, etc) almost like they are following some guide on how to harass and squeeze pregnant women out of the job. It is really sad that so many women suffer such a hard time at work while being pregnant. I had no idea, but reading so many people's stories here and on a lot of other posts and forums on the internet makes me feel sad.
      My own workplace is very supportive and considerate and we have women who have had 3 babies (and three maternity leaves) in 5-6 years time.
      And as I've posted in my update, we have decided to resign and move on. As there's now going to be a possible complication with her pregnancy, we want to avoid all the stress.

      • Good luck to you both.

  • +4

    Take it from a person this has happened to. Better to leave it even though i am mad as hell that they can get away with it. You will probably find that upper mgt will band together and do what the executive managers tell them to do and say to keep their jobs safe. After years of good service to the company and multiple awards, longest standing staff member, as soon as they found out i was pregnant. Next week bam, first written warning for the smallest of things, next month 2nd written warning, not to mention harassment behind closed doors, wise cracks, some entitlements taken away (said it was due to warnings). Training opportunities taken away. Was under so much stress from being called into meetings and i didn't know what they were going to throw at me next. On the week i was expecting my 3rd written warning for continuing with training which they had asked me to stop doing. I was rushed to hospital from work. Had bub at 27 weeks, and she spent 3 months in hospital. Well they definitely couldn't sack me now. I had paid union fee and got some help by the way but it was more like a buddy who had my back and spoke up for me but not too much they could do even though i had a tonne of paperwork. After you have bub you won't want all the stress of this dragging you down. It was the stress at work that brought on premature labour and in the end could harm you and baby. I almost lost him twice, during and after birth. But god bless him it has made us both stronger and i was glad to be out of that hell hole. Please take care of your health and leave now before this happens to you. They still had me on the books till the month i was due to start back and then called and said i was made redundant. Believe me its a no win situation. The money's not worth it.
    p.s I did put complaints in writing to Executive manager but it fell on deaf ears. Then also into HR a few days before i ended up in hospital because i felt they were about to sack me so they didn't have to pay my maternity leave. When you know your headed out the door put a record on their file to benefit the next person that they do this to. Look after yourself & hope you have a healthy & happy pregnancy.

    • Thanks for sharing your story stephd and as I replied to ivyprincess's message above, it feels like a pattern. It is really sad and shameful. But we have decided to end this employment and move on as there's a possible complication with my wife's pregnancy and the last thing we want is extra stress.

  • +2

    I'm actually not after expert advise, I'm getting lots of those from all the fairwork/legal aid phone helplines. I'm after good human advise! What normal bargain loving people like myself would do :)

    You're looking at this the wrong way. Helplines will get you information up to a point, but this is an issue where you do need expert advice. If you are considering legal action, you need to see a lawyer, through a union or otherwise. This is not a time to hunt for bargains, there are times where you have to pay up for a professional who has spent a significant amount of time learning and working in the relevant area.

    We spoke to a senior lawyer and he said it was clear discrimination…

    A lawyer would never use those exact words (probably more like 'the circumstances described fit the legal definition of discrimination under xxxxxx law'). I say this with the best of intentions - you are clearly out of your depth with this. I don't see a single reference to legal statutes or definitions for your state in your posts.

    Usually companies will walk on eggshells to avoid a complaint of discriminating against someone pregnant. If you are stuck with an employer as sleazy as you describe, it is all the more reason you need real legal advice.

    • Thanks scynaz, you are right in saying we are clearly out of our depth with this. As I've mentioned before, we have absolutely no experience with any of this. Never seen a lawyer before, never went to court or fought anything. We are just ordinary hard working people who believe in just being good to everyone. We have decided not to fight it or take legal action as I posted in my update that my wife's pregnancy has a possible complication and we don't want any more stress.

      • That's good to know, that you've put a good amount of thought into it and made a decision. If you do feel the need to revisit your decision at any point, get 30 minutes with a (decent - you don't need someone exceptional, just professional and competent) lawyer who has experience with workplace and employment disputes. It will help you understand your options in very clear terms.

        PS: fwiw, I am not a lawyer or linked to any legal profession in any way.

        PPS: As someone else said, DO NOT RESIGN. Employers are far more scared of a wrongful termination claim, as it is legally more serious and more clear cut than a discrimination / harassment claim.

  • Council curbside clean is a good place to get baby gear but you said you like the best stuff so it probably not useful to you.

    Yeah, if it is a private company or business, they don't like women taking maternity leave because it costs them money. The public sector does not care however.

  • My opinion:

    Having a child esp your first can be a stressful situation in itself, you will be sleep deprived.

    Has anyone else at your wife's work got pregnant and then left? Perhaps you can talk to them and see if they were pressured in the same ways, build you case

    First kid I spent thousands on all the best car seats, cots etc however you soon learn…

    Take as much leave as possible, go to a doctor and explain situation and distress, get stress leave and inform you HR/manager in email when you have a dr certificate, hopefully they respond via email

    Keep all emails; save or forward them, document everything, best is to have it in writing

    Lots of legal books out there on fair work, published by CCH, generally the state library has these books if not in local

    Read up on the fair work act, bullying etc. does your employer have a bullying and harassment policy? Get copies of all of that information. You should follow the process outline in their policies if they exist and document everything

    From your comments it sound like you wife has a good working history; check the requirements on the fair work website for lodging a complaint, eg length of employment and income amounts

    If you go via fair work, they push for conciliation, you can represent yourself if your capable but should invest some time in reading the fair work act, sounds like your case would come under the bullying and harassment sections

    Using a Lawyer, going to court would be months, they will still push for conciliation, unless there is a gross breach of the fair work act, I couldn't imagine the settlement will be a huge amount, perhaps 1-2 months pay; also may be awarded legal fees but is your risk to take..

    • Thanks cryptos for your suggestions. As I posted in my update, we have decided to leave the stress and just move on. Might not be the right thing to do but is the least stressful option.

  • +3

    Congrats on the baby!

    First priority is your wife’s mental and physical health so go TODAY and get a medical certificate for a minimum one week off, from there you can see what leave entitlements you have and ask your GP to write a certificate for the full period.

    Basically if she has 3 weeks sick/medical leave and 2 months annual leave built up, use that now to get away from the stress. (If you are thinking of quitting anyway no one is worse off ad you have time to think though all options to ensure you never regret the choice you make)

    You can the talk with you GP about taking early maternity leave if she is still feeling uncomfortable in the workplace.

    she doesn’t ever have to go back to work there, but don’t let them cheat you either, take ALL of your sick, annual, long service etc., then maternity, then resign once all the payments have run out.

    I know it seems easier to quit and walk away, but you have rights, and the only reason they continue to behave this way is that it has worked in the past. Every time someone walks away and doesn’t make it at least a little difficult for them, they think this is behaviours they should continue…

    If you feel getting lawyers involved is too much stress, then don’t but AT A MINIMUM GET ALL ENTITLEMENTS PAID OUT!

    • I agree with kat123 i would suggest taking a week of personal leave now to help relieve a bit of the stress and anxiety. If you can get a doctors certificate to start maternity leave early that could help and even if your wife has to return to work for a few weeks before leave there is something to look forward to.

      With regards to taking legal action i took my former employer to fair work aus for unfair dismissal - i was a young female about to start a family and was dismissed with no entitlements on a technicallity. Everyone said i had a rock solid case and we lost in the long run. It was the most stressful and unhappy time in my life and cost a bomb in lawyer bills. The best thing to come out of it was moving to a new job, with better pay and conditions.

      Congrats on the baby i hope it works out well for you.

      • Thanks cch24, with so many people telling us that we are making the wrong decision by quitting; we do doubt ourselves as we are in a very fragile state of mind. But posts like yours gives us the confidence that letting our entitlements and rights go and living with injustice might not be a bad outcome overall. All we want right now is our baby to be healthy.

    • +1

      Thanks kat123, my wife is on stress leave at the moment and we will exhaust the sick leave by next week. We plan to put the resignation in tomorrow and they'll have to pay out the annual leave as a lump sum. We have decided to move on as we feel that the stress is not worth it.
      Reading a few posts above about how other women experienced similar situations, it unfortunately seems all to common which is really sad to see.
      EDIT: Taking annual leave is a problem as her bosses create a big fuss and don't approve the annual leave.

  • Congrats on the baby…

    I know you're prob a bit tight on money BUT maybe a nice getaway this weekend with the misses to get her mind (AND YOURS!) off this issue. Even a drive by the beach followed by a nice dinner should relieve some stress!

    If i had any vouchers from OZb i would've passed them on but I have nothing :(

    Good luck
    ahly92

    • +1

      Thanks ahly92, that is good advise. We have friends on the central coast and south coast so we might go visit them for a weekend. But first we need to make sure that my wife's pregnancy is fine and the baby is healthy.

  • I don't have time enough to read through the entire thread so I don't know if a lot of what I'm going to say. Since you are unable to provide further details, based on what you have provided here is my thoughts:

    1. Please don't do this unless you're really sure you can let it go. There is a chance you will have regrets/anger off the back of this that will stay with you for a long time even after the whole thing has gone away. This could cause issues with your lifestyle even where you don't see it and could put stress on your relationship or in raising the child.

    2. Unions will only help with issues that start after you have join for the same reason insurance won't pay out for damages incurred while not insured.

    3. I think this has been advised by others but I don't know much about this.

    4. Same as above but I think you should - since it has been advised.

    I honestly don't know too much about this space but regarding these matters I have seen/heard colleagues engage with a psyc-professional especially around anxiety/stress/depression/etc rather than a GP. The reasoning I think is they can provide a stronger report regarding mental state and probably cannot be challenged as easily.

    If we went through the path of complaint with union, fairwork or any other agency, she can't return to work and will lose her job, is that correct?

    If she loses her job as a result of that (without any wrongdoing or legitimate reason for dismissal of course) then you have an even stronger case (but they might just to stress you away from the entire situation with false claims and legal action to exhaust you mentally and financially.. I have seen this happen to someone I know who in the end just walked away from it all and resigned.. this person is now harbours a strong grudge against that particular company)

    Is it worth complaining?

    This is not an "is it WORTH" this is a "you SHOULD be complaining and you have every right to do so" because you are not wrong. (But please also keep in mind, your unborn baby being at risk if the mother is overly stressed as well as the possibility of other things i mentioned above)
    Depending on the size of the company they may try to make things really hard for you though..

    I don't know if you may need to worry about defamation allegations but at this day and age, to be completely honest with you, I would take to social media with a full recount of what is happening. The reason most companies are discrete with these things are because they and everyone else know's it's just plain wrong.

    If you wish to avoid confrontation but seek fairness, I would consider looking into the possibility of taking stress leave and what this requires/involves. That way she can be away from the source of her despair for the moment, if you keep a record of everything happening it might be possible to lodge a complaint against them at a later date when she is less stressed and having to take leave for such a reason will support you. If the leave is denied by the company when there is adequate reason to take it, this this could also support your case.

    If you do with to depart the company in the end I would look at how to get all leave entitlements paid out.

    Sorry I am not too well informed in this area but I wish you all the best.
    Please stay strong and I wish your family a happy and healthy birth when then new one comes along.

    • Thanks Myrtacaea, we have decided to just move on because we don't want any more stress especially now that we've found out that there's going to be a possible complication with the pregnancy. My wife is currently on stress leave and we'll use up all her sick leave and then her annual leave will be paid out after she's resigned. We'll just have to go with that.

      • I'm glad to hear you have been able to come to a decision on what to do based on what you believe to be the best choice for you and your family.

        I would still advise to keep a history of all the events that have happened in case you decide to take up on this later on in the future as that should still be an option for you.

        I do hope the complications with the pregnancy come to pass without issues. All the best.

        • +1

          Thanks Myrtacaea, we are keeping a log of everything and we will keep whatever evidence we have in a file. We may or may not pursue this in future but we have all the logs with dates and all.
          Complication with the pregnancy is our biggest worry right now and we are just waiting on good news that our baby will be okay, that's all we really want right now.

  • Take away from this thread:

    1. Take advice from everybody
    2. Take advice from nobody
  • +1

    We need to form an OzB bikies gang to screw this kind of employers

  • Most large organisations have some form of enterprise bargaining agreement which should stipulate all the conditions, including all the leave and types you can take including sick / with or without pay.
    Good luck op.

  • +2

    1 cent advice from hr assistant.

    First of all, do NOT resign. The employer may offer you a little incentives for you if you resign, again NO.

    The employer can't terminate you without a good reason. The employer would never be able to prove your ability or you are unable to perform the task.(from my experience, a full time guy absent full day reguarly without notify employer for two months we could not terminate him, but only give him opportunities to improve).

    Your action:
    1. Keep performing your job duties. Ignore the idiot boss and hr manager. Ask all conversation to be documented. Keep a copy of all written evidence.

    1. See your doctor immediately. Tell what happened in your workplace and advised you have stresses. Most likely the doctor will give you a week's SL. Use up all of your sick leaves which normally not payable at the end of employment.

    2. Advise HR and boss politely you feel bullied and ask to stop bullying immediately. If your company has legal and ohs team, copy them.

    3. File a workplace bully complaint. You can complain to both Fairwork and Worksafe. Remember to mention that the bullies REPEATED and make you stressed. If you are on stress treatment plan, you can also mention that. Most likely this will trigger an on-site investigation. Your boss will learn the lesson.

    If your boss offer you Ex-gratia, i suggest:
    4 weeks in lieu of notice.
    5 weeks severance pay per one full year of service.
    Pay out accrued bonuses if there is any
    Pay out all unused AL, SL, LSL and applicable loading.

    In summary, never agree termination, see your doctor, do what you normally do and do not argue to your boss, keep written records and keep the whole matter confidential-not to discuss with colleagues.

    • Well said. Good advice.

    • I wish I had been given this advice during difficult time.

    • Thanks gstfree, that sounds like a solid plan. But my wife just doesn't have enough courage left to fight with them or face them anymore. As it is she wasn't eating or sleeping well and now there's a possible complication with the pregnancy. So we have just decided to resign. We are going to lose money yes, but hopefully it won't affect our baby and we'll not have to deal with stress.

      • I would respect whatever decision you made that is goods for your baby.
        If you have any HR related issue, feel free to contact me.
        Wish you wife has a pleasant pregnancy journey and safe delivery of your baby.
        All the best.

        • Thank you so much gstfree.

  • I think taking stress leave is the best bet for something immediate that you could do. You can start maternity leave early but as far as I know - well with my employer you technically take it as unpaid leave then after the birth of the baby the paid component begins. You sound like you would be eligible for the government paid maternity leave if your wife did resign. Just check on the centrelink site, it will just be min wage 1100 a fortnight or something.

    I know it's hard to stand up to a boss but I'm a big believer in voicing your concerns before taking action. Put the boss in their place and say what you feel it is and if it doesn't change you will pursue legal action.

    Congrats on the pregnancy. Sounds like she is the same amount of weeks as my wife having #2.

    What gstfree said above sounds like sound advice.

    • Thanks swilso, if the employer was co-operating, we would have definitely started an early maternity leave. Unfortunately that's not the case.
      Congrats on the pregnancy too.

  • I will be honest, I am disappointed with your decision, because this is how you let the bad guys win, but I do understand your situation that you don't want to stress your wife and have a healthy baby, none the less it was always your decision to make. If you have chosen for your wife to resign, and not follow any legal matters, at least now you can give us the details of emails and company name, to help at least few of us to avoid working/applying for that company.
    - Salute to the fallen soldier.

    • Thanks, we definitely need to get legal advise before we can release any names or emails. The last thing we want is get sued for defamation and have stress. We are already letting go quite a lot of money as it is to avoid stress and in best interests of my wife and baby. Trust me, we didn't make this decision lightly. I feel so angry and my blood boils, but all that is still not worth our baby's health.

  • You sound like a loving husband, she is a lucky woman.

    A part of me wants you to go after them and make them pay back for whatever your family is going through. My other part tells me that you have made a wise decision. Stress during pregnancy is positively correlated with many negative impacts in the baby, including obesity, cardiovascular diseases as well as schizophrenia, something I learned recently.

    I hope everything goes well. If you have a chance in the future, report them. For now, the baby is your priority.

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