POLICY CONTENT

Pregnancy is a time of great physical and emotional change and our School is committed to ensuring the health, safety, and wellbeing of pregnant staff members by providing information, strategies, and ongoing support, as well as information about leave entitlements available to them.  
 

NATIONAL QUALITY STANDARD (NQS)

QUALITY AREA 4: Staffing Arrangements

4.1.2

Continuity of staff

Every effort is made for children to experience continuity of educators at the school.

QUALITY AREA 7: Governance and Leadership

7.1.2

Management system

Systems are in place to manage risk and enable the effective management and operation of a quality school.

PURPOSE

Our School is committed to providing a safe and healthy workplace for all employees including pregnant workers. We understand that pregnancy can bring many changes to one's ability to manage certain types of work, particularly at the later stages of pregnancy. We aim to work with all employees to negotiate a supportive working environment that will assist them to be healthy and productive members of the workforce. 
 

SCOPE

This policy applies to staff and management of the School.  
 

IMPLEMENTATION

The process and steps required to ensure an employee’s health and wellbeing during pregnancy will vary. For many employees, variations to duties, equipment, and the work environment will not be necessary and usual duties may be performed for the duration of the employee’s pregnancy. It is the responsibility of the employee to raise and discuss any workplace concerns and/or issues with the School Director. However, as appropriate, variations to duties will be negotiated, and equipment that supports the health, safety, and wellbeing of pregnant employees will be provided.  
 

HEALTH AND SAFETY

The potential risk of injury or ill health will be discussed with staff members who are pregnant.  Where there is an identifiable risk associated with a pregnant employee’s work, the School Director will consult with the employee to examine how the work can be modified to eliminate or minimise the risk.  

• The School Director will maintain current information about their Workplace Health and Safety responsibilities to their employees and maintain a safe workplace for all employees. 
• In regard to infectious diseases, the School Director will alert all staff to the potential risks to health that may arise through their employment at the school.  
• Female educators will be advised that they should have their immunity to Rubella, Measles, Chicken Pox and Cytomegalovirus (CMV) tested well before planning pregnancy.  
• The School Director will ensure pregnant employees are aware of health risks including: 
  • exposure to specific infectious diseases or conditions that can have an adverse impact on pregnancy, including Cytomegalovirus (CMV), Hand, foot & mouth disease, Human parvovirus B19 (erythema infectious, fifth disease), Listeriosis, Rubella (German measles), Measles, Hepatitis B, HIV (Human Immunodeficiency Virus), AIDS (Acquired Immunodeficiency Syndrome), Pertussis (Whooping cough), Toxoplasmosis and Varicella (chickenpox) 
  • stress and burnout 
  • swollen feet and varicose veins 
  • heat stress  
  • chemicals and chemical fumes  
• The School Director will implement strategies which help reduce physical stress for pregnant employees where required.

MANUAL HANDLING

To minimise the risk of back pain and back injury to pregnant employees and to comply with Health and Safety and other relevant legislation, we will: 

• ensure pregnant employees are aware they are at more risk of back pain and injury from working while pregnant because of anatomical and physiological changes such as softening of ligaments and tendons, extra weight load, muscle fatigue, and tiredness 
• advise pregnant staff to consult their doctor if they have any back pain or other health concerns during the pregnancy 
• ensure that pregnant staff are aware of the following strategies to reduce the risk of back pain and/or injury 
• avoid bending over: use your knees and hips to lower yourself to the children’s level or when picking something up from a low level 
• try to maintain a correct posture as the growing uterus can frequently cause postural problems 
• try not to stand in any one position for too long 
• use footrests for raising feet when sitting 
• ensure you use correct lifting and carrying techniques 
• ensure that furniture such as nappy change tables are at the correct height to avoid unnecessary bending 
• use stepladders and trolleys if required 
• use adult-sized furniture, for example, adult-sized chairs rather than children’s chairs 
• ensure that heavy or awkward items are stored at an appropriate height and close to where they are needed 
• restrict lifting children or heavy equipment.

Source: The Pregnancy Centre and Child Australia. 

STRESS MANAGEMENT

To minimise the risk of stress and ensure pregnant employees have adequate opportunities for leave and  holidays, we will ensure employees are: 

• aware they are at more risk of stress at work because of changing abilities to meet usual work commitments 
• aware that the risk of stress at work might increase with the progression of the pregnancy 
• aware that they are legally required to take leave from work for a period before and after the birth and should seek support from the School Director to arrange leave 
• provided with assistance for leave planning and provide current information to them about their conditions of employment and leave entitlements 
• encouraged to see their general practitioner/ obstetrician if they have any stress or other psychological or physiological health problems during pregnancy.

INFECTIOUS DISEASES AND IMMUNISATION
Due to constant close contact with children, staff at early childhood education and care services may be at an increased risk of contracting some vaccine-preventable diseases. Authorities advise against pregnant women receiving live viral vaccines during pregnancy, or within 28 days prior to falling pregnant. Therefore, women of childbearing age should ensure that vaccinations are up to date. Common vaccine-preventable infections that may have an adverse effect on pregnancy include: 

Rubella (German measles)

The greatest risk to the unborn baby occurs in the first twenty weeks of pregnancy, with a higher risk if the mother contracts Rubella in the first ten weeks. Employees planning pregnancy should have a blood test to ascertain immunity, as the vaccination must be given one month before becoming pregnant.  
 

Measles

This is a highly infectious viral disease that can cause serious complications to the unborn child. It spreads through direct and indirect contact from contaminated people or surfaces. It can also remain in the air for up to two hours after the infected person has left. Employees can minimise the risk of infection by paying particular attention to hand hygiene and ensuring that all staff and children use correct cough and sneeze hygiene practices. Employees must also ensure that cleaning practices are being conscientiously followed throughout the school. This vaccination is not recommended during pregnancy: the non-immune employee should ensure that the vaccination has been received one month before falling pregnant. 
NOTE: The vaccination for Rubella and Measles is given together in the MMR vaccination (Measles, mumps, and rubella). 
 

Varicella (Chickenpox)

If exposed to varicella during the first three months of pregnancy the employee must seek medical advice. A blood test will reveal the mother’s immune status. This vaccination is not recommended during pregnancy: the non-immune employee should ensure that the vaccination has been received one month before falling pregnant. 
 

Hepatitis B

Hepatitis B is transmitted through blood and other bodily secretions. Adult vaccinations are available but should not be received during pregnancy. However, all babies born in Australia receive the Hepatitis B vaccination at birth as part of the National Immunisation Program Schedule. Employees must ensure that policies and National Health Medical Research Council (NHMRC) guidelines are followed for managing exposure to blood and bodily fluids, including ensuring that children’s wounds are covered appropriately. 
 

Influenza

Influenza vaccinations are strongly recommended for pregnant women and can be safely given at any stage of the pregnancy. Vaccinating pregnant women also protects their infants from influenza in the first 6 months of life.  
(Australian Government Department of Health) 
 

Pertussis (Whooping Cough)

Pertussis can be a life-threatening disease for the newborn. It is recommended that the pregnant employee receive a pertussis vaccination in the third trimester of pregnancy as evidence indicates this is more beneficial to the newborn than receiving the vaccination prior to pregnancy.   
 Pregnant employees must also be aware of infections for which there are no vaccinations and take the necessary precautions. These infections include: 

Cytomegalovirus (CMV) 

CMV is spread through infected saliva and urine. Pregnant employees should therefore pay particular attention to hand hygiene and best practice would suggest: 

• Wear gloves at all times when changing nappies whether soiled by faeces or urine.  
• Wear gloves when coming in contact with blood, vomit or any other body fluids and when wiping noses.  
• Wash hands after changing nappies, coming in contact with blood, vomit or any other body fluids, after wiping noses and after handling or patting animals and pets.  
• If pregnant, take particular precaution to not kiss infants or children on/ near the mouth, because of the risk of exposure to CMV.  
• If pregnant and preferably before becoming pregnant, have a blood test for CMV indicators and discuss this further with obstetrician and/or medical practitioner.  
• Cover open skin, cuts, abrasions, wounds, or dermatitis on their hands with a water resistant occlusive dressing, which should be changed each time it is soiled or wet. 
• The pregnant staff member may be, upon approval from the School Director temporarily placed in a Studio with older children to minimise the requirement of nappy changing and assisting with nose wiping. 

 

Hand, Foot and Mouth Disease 

Although the risk is minimal, employees who acquire this disease in late pregnancy can pass it to the unborn child. The employee should therefore pay particular attention to hand hygiene at all times. 
 

Human parvovirus B19 (erythema infectiosum, fifth disease)

This virus can be transmitted to the unborn baby. The employee should therefore pay particular attention to hand hygiene at all times. 
 

Listeriosis

Listeriosis is a bacterial infection that can be avoided by ensuring that raw or partially cooked foods are avoided during pregnancy, and thoroughly washing all fruit and vegetables in clean running water. 
 

Toxoplasmosis

This disease is caused by a parasite that can be found in raw fruit and vegetables, and spread by animals such as cats and birds. During pregnancy the parasite can pass through the placenta to the developing baby. A blood test can reveal if the mother is immune. The employee should pay attention to hand hygiene, avoid cleaning the sand pit (where there may be cat faeces) or bird cages, and should wash and peel fruit and vegetables. 
 
HIV (human immunodeficiency virus), AIDS (acquired immunodeficiency syndrome)
HIV is a virus that can lead to AIDS. Like Hepatitis B, these viruses are transmitted through blood and other bodily secretions. Employees must ensure that policies and NHMRC guidelines are followed for managing exposure to blood and bodily fluids, including ensuring that children’s wounds are covered appropriately. 
Source: Staying healthy: Preventing infectious diseases in early childhood education and care services, The Australian immunisation handbook, and NSW Health Having a baby 
 
The Approved Provider and Nominated Supervisor will:

• ensure that the health and safety needs of pregnant employees are considered and act in a flexible manner as far as is reasonably practicable 
• ensure that all employees are familiar with recommended vaccinations for early childhood employees in accordance with The Australian immunisation handbook. 
• recommend to all staff that they consult their obstetrician and/or medical practitioner to seek advice on immunisation prior to planning a pregnancy 
• encourage all staff to undergo blood tests to ascertain immunity status to common childhood infections, and take the appropriate action dependent upon results 
• alert all staff and families if a child or staff member contracts an infectious disease or virus such as Coronavirus (COVID-19) 
• recommend that pregnant staff members discuss concerns about the transmission of coronavirus (COVID-19) with their obstetrician and/or medical practitioner and discuss available vaccinations (if applicable) 
• ensure that all staff members are practising effective hand hygiene at all times 
• ensure that all staff members are familiar with infection control policies and procedures and actively adhere to these at all times 
• complete a risk assessment to identify any hazards or potential risks to pregnant staff members in the school 
• put systems and strategies into place to address increased risk due to having a pregnant staff member in the workplace 
• consult with the pregnant employee to examine how their work tasks can be modified to eliminate or minimise risks 
• negotiate with the pregnant employee to ensure a safe environment 
• provide information to the employee’s obstetrician and/or medical practitioner, as requested, in regard to normal duties performed on a day-to-day basis 
• meet anti-discrimination law obligations by ensuring pregnant employees are not subjected to negative comments or remarks about their pregnancy.

Employees who are pregnant will: 

• disclose their pregnancy in a timely manner to ensure that the School Director can support her health, safety and well-being in the workplace 
• maintain immunisation records 
• consult with their obstetrician and/or medical practitioner if planning a pregnancy to establish their immunity status for common childhood infections, and information about recommended vaccinations  
• ensure the treating obstetrician and/or medical practitioner is aware of the specific work environment and activities that are undertaken on a day-to day basis 
• provide up-to-date immunisation statement to management for recording in their individual staff record 
• adhere to Workplace Health and Safety legislation and take reasonable care to protect themselves (and others) in the workplace. This includes cooperating with the School Director on health and safety matters, such as taking appropriate precautions to avoid health risks during pregnancy 
• be familiar with and adhere to policies and procedures pertaining to infection control and effective hand hygiene 
• consult with their obstetrician and/or medical practitioner should there be an outbreak of an infectious disease or virus in the school that they are not immune to, in regard to whether they should continue to attend work 
• immediately advise the School Director if they believe there is a hazard or potential risk to the pregnancy in the workplace 
• notify the School Director of the pregnancy if health and safety issues that may affect the pregnancy are experienced or may be foreseen 
• provide the required notice of intended leave in writing to the School Director 
• provide medical evidence from general practitioner and/or specialists as required to the School Director in a timely manner 
• provide a doctor’s certificate confirming they are fit and able to continue work if the employee wishes to continue working past 6 weeks prior to the expected date of birth 
• discuss paid or unpaid parental leave entitlements and options with the School Director 
• inform their employer if they intend to take up to 30 days of flexible unpaid parental leave within 24 months of a child’s birth or adoption.

 

EMPLOYEE ENTITLEMENTS

Under the Fair Work Act 2009 (Cth) and Anti-discrimination laws, pregnant employees, and their partner, are entitled to certain leave entitlements. The school will at all times act to ensure that entitlements are made available to pregnant employees in accordance with these laws.  
 
While employees are not required to notify their employer that they are pregnant, in some high-risk occupations such as early childhood education and care, it may be advisable to notify the employer as soon as possible. Employees will also need to notify their employer in order to access certain entitlements. Source: Australian Human Rights Commission, 2015. 
 

Paid Parental Leave Scheme

Eligible employees who are the primary carer of a newborn child or adoptive parent of a child [or caring for a child under exceptional circumstances] may be entitled to up to 18 weeks of paid Parental Leave paid at the national minimum wage by the Australian Government. If the child’s birth or adoption is on or after July 1, 2020, 30 of these days will be flexible- 12 weeks (60 days of payable days) and 30 Flexible Paid Parental Leave days. Flexible Days may be taken within 2 years of the child’s birth or adoption Flexible Paid Parental Leave may be given to another person caring for the child if the parent chooses to return to work or are no longer the primary carer for the child.  
servicesaustralia.gov.au/individuals/services/centreli... 
 

Parental leave and related entitlements  

The National Employment Standards (NES) apply to all employees covered by the national workplace relations system.  All employees are eligible for up to 12 months of unpaid parental leave if they have worked for their employer for at least 12 months of continuous service.  
 
The below table sets out when employers must be notified of a pregnant employee’s intention to take, shorten, and/or extend unpaid parental leave under the Fair Work Act. [Fair Work Infoline: 13 13 94] 

ACTION	NOTICE PERIOD
Telling your employer of your intention to take unpaid parental leave under the Fair Work Act	At least 10 weeks before you wish to commence unpaid parental leave (unless it is not possible to do so). This must be in writing, and you must specify the intended start and end dates.
Confirming the start and end dates of your unpaid parental leave or advising your employer of any changes	At least 4 weeks before you start unpaid parental leave unless this is not practicable (e.g. the child is born prematurely).  This must be in writing.
When can you stop working and start your unpaid parental leave?	The leave may start up to 6 weeks before the expected birth of the child but can start earlier if you and your employer agree. If you continue working during the 6-week period before the birth of the child your employer may request that you provide certain medical evidence that states you are fit to work and may require you to take unpaid parental leave if you cannot provide that evidence within 7 days of the request or a medical certificate states you are not fit for work.
Shortening your original period of unpaid leave (e.g. from 12 months to 9 months)	The original leave period can generally only be shortened by agreement with your employer.
Telling your employer that you are extending your initial period of unpaid parental leave (e.g. from 9 months to 12 months)	At least 4 weeks before your expected date of return. This must be in writing. This is a right under the Fair Work Act and cannot be refused by your employer.
Requesting an extension to unpaid parental leave beyond the initial 12 months- up to 24 months in total	At least 4 weeks before the end of the initial 12 month unpaid parental leave period. This request must be in writing.  Your employer must respond to this request within 21 days stating whether they grant or refuse the request. The employer must provide details in writing.
Notice requirements for flexible unpaid parental leave	The employee must tell the employer at the same time they give notice of their continuous parental leave, or  at least 10 weeks before the start of their flexible parental leave.  Notice can also be provided later if the employer agrees.   The employee must state the total number of days of flexible parental leave they intend to take (cannot be more than 30 days)
Keeping in Touch Days	An employee on unpaid parental leave gets 10 keeping in touch days. If the employee extends their unpaid parental leave beyond 12 months, they can take an additional 10 days.  Keeping in touch days are not compulsory.  The employee gets their normal pay and accumulated leave entitlements for each keeping in touch day (or part day).
Parental leave for stillbirth, premature birth or infant death	An eligible employee is still entitled to take unpaid parental leave for up to 12 months.

Excerpt from Australian Human Rights Commission, 2015. Supporting working parents: Employee guide and Fair Work Australia Maternity and parental leave

Special Maternity Leave

A pregnant employee who is eligible for unpaid parental leave can take unpaid special maternity leave if:  

• she has a pregnancy-related illness or  
• her pregnancy ends after 12 weeks because of a miscarriage, termination or stillbirth.  

If an employee takes special maternity leave because of a pregnancy-related illness, the leave will end when the pregnancy or illness ends, whichever is earlier. If she takes leave because of a miscarriage, termination or stillbirth, leave can continue until she is fit for work. 

Special maternity leave does not reduce the amount of unpaid parental leave that an employee can take. 
 

Safe Jobs

Pregnant employees, including casuals are entitled to move to a safe job if it isn’t safe for them to do their normal job due to pregnancy. The employee must provide evidence that: 

• she is able to work but cannot do her normal job (including why their normal job is not safe).  
• how long she should not work in her normal job.  

Evidence can be a medical certificate from a medical practitioner.   
Excerpt from the Australian Government Fair Work Ombudsman (2017) Pregnant employee entitlements 

The Approved Provider/Nominated Supervisor will:

• maintain current information regarding their legal responsibilities to pregnant employees 
• not ask if an employee is pregnant unless there are genuine health and safety concerns 
• respect a pregnant employee’s right to confidentiality regarding their pregnancy and when this information should be disclosed to colleagues 
• ensure that all pregnant employees are notified of their legal right to Parental Leave Pay and Parental leave and all entitlements when the pregnancy is disclosed 
• discuss government funded Parental Leave Pay entitlements to eligible employees 
• provide information and flexibility for Dad and Partner leave- (this 2-week government funded leave can be taken any time in the first year after the child’s birth or adoption) 
• discuss Keeping in Touch days whilst the employee is on Parental Leave Pay or unpaid parental leave to assist the employee stay connected with the school [employees cannot be paid leave and paid work at the same time] 
• arrange a meeting with the employee when they are nearing the end of their leave to discuss return-to-work expectations- hours of work, flexible working conditions or any other arrangements 
• provide the employee with the same job they had prior to leave, or an available position for which she is qualified and suited, and that is closest in pay and status to the pre-parental leave position  
• consider any requests from the employee for a variation and/or flexibility in hours on their return to work 
• when recruiting employees to replace employees on parental leave, candidates must be notified by the employer that: 
  • the role is temporary 
  • the employee on leave has a right to their pre-parental leave position when they return to work and 
  • the employee and the employer may have a right to cancel or end the leave early in certain circumstances (e.g. stillbirth or infant death). 

 

Returning to work after Parental Leave  

Employees who are entitled to paid or unpaid Parental leave under the Fair Work Act have the right to return to their pre-parental position at the end of the leave- ‘Return to work guarantee’ or in the case of an employee who was transferred to alternative duties, to the position she held immediately prior to this transfer. Where such a position no longer exists, but other positions are available for which the employee is qualified and capable of performing, she will be entitled to a position as nearly comparable in status and salary to her former position.  

• Employees may return to work before the end of their Paid Parental Leave period if the employer agrees [Paid Parental Leave payments will stop when they return. There are some exceptions to this.] 
• Employees will maintain contact with the Approved Provider and/or Nominated Supervisor and negotiate a return date no less than 4 weeks prior to the expiration of her period of maternity leave. 
• Employees returning to work after the birth of their child will not be discriminated against in regard to accessing childcare within the school or breast feeding/expressing milk.

 
The School Director will support the returning employee to settle back into the work environment with consideration for their physical and emotional wellbeing. Where practicable the School Director will support the employee’s return to work and continuity of care for the children by offering flexible work hours. 
 
Should issues arise in relation to caring for a staff member’s child at the school, the options for modifying care arrangement will be discussed with the employee, with the aim of reaching a mutually agreeable resolution. 
 

SOURCE

Australian Children’s Education & Care Quality Authority. (2014).  
Australian Government Department of Health Australian Immunisation Handbook  
Australian Government Department of Health Coronavirus (COVID-19) health alert 
Australian Government Services Australia Paid Parental Leave Scheme Employer Toolkit (updated 2020). servicesaustralia.gov.au/organisations/business/servic... 
Australian Human Rights Commission. Supporting Working Parents: Employee guide. (2015). 
supportingworkingparents.humanrights.gov.au/employees/working-while-pregn... 
Australian Human Rights Commission: humanrights.gov.au 
Early Childhood Australia Code of Ethics. (2016). 
Education and Care Services National Regulations. (2011).      
Fair Work Act 2009 (Cth). 
Fair Work Commission: fwc.gov.au 
Fair Work Ombudsman Maternity Leave and Parental Leave fairwork.gov.au/leave/maternity-and-parental-... 
Fair Work Ombudsman Parental leave & related entitlements  
fairwork.gov.au/tools-and-resources/fact-shee... 
Guide to the Education and Care Services National Law and the Education and Care Services National Regulations. (2017). 
Guide to the National Quality Framework. (2017). (Amended 2020). 
National Health and Medical Research Council. (2013). Staying Healthy: Preventing infectious diseases in early 
childhood education and care services (5th Ed.). Australia: Commonwealth of Australia. NSW Government. (n.d.).  
NSW Health. (2016). Handle with care: Looking after yourself in pregnancy. 
Revised National Quality Standard. (2018). 
Safe Work Australia 
The Pregnancy Centre (2016). thepregnancycentre.com.au/pregnancy/well-being/taking-c...