Industrial Relations Act 2016

This section applies whenever the present work of an employee is, because the employee is pregnant or breastfeeding, a risk to the health and safety of the employee or the employee’s unborn or newborn child.

The assessment of the risk is to be made on the basis of—

a health practitioner’s certificate given by the employee to the employer; and

the employer’s duties under the Work Health and Safety Act 2011.

The employer must temporarily adjust the employee’s working conditions or hours of work to avoid exposure to the risk.

If an adjustment is not feasible or can not reasonably be required to be made, the employer must transfer the employee to other appropriate work that—

will not expose the employee to the risk; and

is, as nearly as possible, comparable in status and remuneration to that of the employee’s present work.

If a transfer is not feasible or can not reasonably be required to be made, the employer must grant the employee birth-related leave, or any available paid sick leave, for as long as a health practitioner certifies the leave is necessary to avoid exposure to the risk.