LRD guides and handbook May 2017

Law at Work 2017

Chapter 9

Rights to time off for antenatal care



[ch 9: page 316]

All pregnant employees, and all temporary agency workers with 12 weeks of service doing the same kind of job for the same hirer (qualifying agency workers), are entitled to paid time off for antenatal appointments. 



The appointment must have been made on the advice of a registered medical practitioner, midwife or nurse. Except for the first appointment, the woman can be asked to provide a copy of a certificate showing she is pregnant and written proof of the appointment. Antenatal care can include medical examinations, midwife appointments, antenatal classes, relaxation and parentcraft classes.



The amount of time off must be reasonable and should include travel time there and back, waiting time and time spent at the appointment or class. This should all be paid leave, using the normal hourly rate of pay.



The woman cannot be required to make up time she has missed at some other time, or to use annual leave to cover the time off. An employer must not unreasonably refuse to allow a pregnant worker the time off. 



Relevant law: for employees: sections 56-58, ERA 96; for agency workers: sections 57ZA — 57ZD, ERA 96.