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MATERNITY LEAVE AND RETURN TO WORKYOUR RIGHTS, OBLIGATIONS AND SOME OF THE TRAPS FOR STEM PROFESSIONALS

Professionals Australia (formerly the Association of Professional Engineers, Scientists and Managers, Australia) represents over 23,000 professionals from across the STEM professions including engineers, scientists, managers, veterinarians, surveyors, information technology professionals and pharmacists throughout Australia.

Professionals Australia members are employed across all sectors of the Australian economy. This includes all tiers of government and in a diverse range of industries throughout the private and public sectors including Roads, Rail, Water, Electricity, Information Technology, Telecommunications, Consulting Services, Laboratories, Research, Surveying, Construction, Retail Pharmacy, Mining, Oil, Collieries and Manufacturing.

ABOUT PROFESSIONALS AUSTRALIA

Professionals Australia (formerly APESMA) GPO Box 1272, Melbourne VIC 8060 t: 1300 273 262 e: genderanddiversity@professionalsaustralia.org.au w: www.professionalsaustralia.org.au/professional-women/

Professionals Australia (2018). Guide to taking parental leave and returning to work after having a child.

Copyright © 2018 Professionals Australia

All rights reserved. No part of this work may be reproduced, used or stored in any form, especially typographically, electronically and

including photocopying, without written permission of the publisher. The use of material for private study, research or criticism is excepted

from the reservation and may be undertaken within the accepted meaning of fair dealing. The publisher makes no representation, in

any form, as to the accuracy of the information contained in this work and cannot accept any legal responsibility for errors, omissions or

consequences of any action taken by readers.

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CONTENTSINTRODUCTION 6

PART 1 - YOUR RIGHTS AND OBLIGATIONS 8Maternity and parental leave 8

Pregnant employee entitlements 9

Applying for parental leave 10

Paid parental leave 10

When on parental leave 12

Returning to work from parental leave 13

Flexible working arrangements 14

PART 2 - ISSUES ON RETURN TO WORK 15Penalty at tached to career disruption and return to work 15

Pressure to return to work 16

Gender stereotypes about women with children returning to work 16

Career penalty at tached to working part-time and flexible arrangements 16

Lack of work/life balance 18

Differential retirement savings 18

Professional isolation 19

Employer options 20

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Female STEM professionals can face a range of challenges when taking parental leave and managing their return to work. An organisation’s practices, culture and policies can create obstacles that can prevent women professionals from fully contributing in a valuable and meaningful way in their workplace - even where an organisation has strong diversity and anti-discrimination policies in place and the best of intentions.

If you’re planning a period of maternity leave, it is critical that you’re aware of not only your rights and obligations when taking leave but also some of the more common traps when returning to work. Where practices that embed systemic bias become entrenched, the potential consequences are a lack of equal access to progression and advancement and the possible loss of highly-skilled and talented female STEM professionals from the workplace.

In broader terms, failing to have return to work practices and policies and proper reintegration back into the workforce can lead to the concentration of women in roles of less responsibility and under-representation at senior levels. It can undermine progress toward pay equity across the STEM workforce, economic security for women in retirement and greater participation and retention of women in non-traditional STEM fields.

This Guide is set out in two parts. The first part contains information on your rights and obligations under the Fair Work Act and National Employment Standards in relation to parental leave. This information is drawn from information provided by the Office of the Fair Work Ombudsman. The second part sets out some of the more common issues that arise for professional women returning to work that emerged in our survey work with female STEM professionals.

In combination, we hope this information is a useful resource for that allows you to better prepare for not only taking maternity leave but ensuring you continue to build your skills base and advance your career after the period of leave.

Chris Walton CEO, Professionals Australia

INTRODUCTION

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PART 1 - YOUR RIGHTS AND OBLIGATIONSMATERNITY AND PARENTAL LEAVE1

Employees can get parental leave when a child is born or adopted. Parental leave entitlements include:

• maternity leave;

• paternity and partner leave;

• adoption leave;

• special maternity leave;

• a safe job and no safe job leave; and

• a right to return to old job.

What is parental leave?

Parental leave is leave that can be taken when:

• an employee gives birth;

• an employee’s spouse or de facto partner gives birth; or

• an employee adopts a child under 16 years of age.

Employees are entitled to 12 months of unpaid parental leave They can also request an additional 12 months of leave.

Pre-adoption leaveEmployees who are taking parental leave to care for an adopted child are also entitled to 2 days unpaid pre-adoption leave to attend relevant interviews or examinations. This leave can’t be used if an employer tells an employee to take another type of leave (eg. paid annual leave).

Who is eligible for parental leave?All employees in Australia are entitled to parental leave. Employees are able to take parental leave if they:

• have worked for their employer for at least 12 months:

» before the date or expected date of birth if the employee is pregnant;

» before the date of the adoption;

» when the leave starts (if the leave is taken after another person cares for the child or takes parental leave); or

• have or will have responsibility for the care of a child.

Casual employeesFor casual employees to be eligible for unpaid parental leave they need to have:

• been working for their employer on a regular and systematic basis for at least 12 months; or

• a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child.

Having another childEmployees who have taken parental leave don’t have to work for another 12 months before they can take another period of parental leave with that same employer. However if they have started work with a new employer they will need to work with that employer for at least 12 months before they can take parental leave. There are different arrangements for employees when a transfer of business occurs (Source reference: Fair Work Act 2009 s.67 - 70, 76 and 85).

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PREGNANT EMPLOYEE ENTITLEMENTS

There are a range of entitlements available for pregnant employees.

Sick leaveEmployees who are pregnant still get their ordinary sick leave entitlements. Pregnancy is not considered an illness or injury, however if a woman experiences a pregnancy-related illness or injury, sick leave can be taken.

Special maternity leaveA 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 still birth it can continue until she is fit for work. Special maternity leave won’t reduce the amount of unpaid parental leave that an employee can take.

Notice and medical certificatesAn employee will need to tell her employer as soon as possible (which can be after the leave has started) that she is taking special maternity leave. She will also need to tell them how long she expects to be on leave. The employer can ask for evidence and can request a medical certificate.

Safe jobsAll pregnant employees, including casuals, are entitled to move to a safe job if it isn’t safe for them to do their usual job because of their pregnancy. This includes employees that aren’t eligible for unpaid parental leave.

An employee who moves to a safe job will still get the same pay rate, hours of work and other entitlements that she got in her usual job. She and her employer can agree on different working hours. She will stay until it’s safe to go back to her normal job, or until she gives birth.

The employee will need to give her employer evidence that:

• she can work but can’t do her normal job (including why her normal job isn’t safe); and

• how long she shouldn’t work in her normal job.

The employer can ask for this to be a medical certificate.

When no safe job is availableIf there is no safe job available, the employee can take no safe job leave. If the employee is entitled to unpaid parental leave, no safe job leave is paid. For a full-time or part-time employee, no safe job leave is paid at the base rate of pay for ordinary hours of work.

For a casual, no safe job leave is paid at the base rate of pay (not including the casual loading) for the average number of hours they would have worked in the period they’re on leave. Employees who aren’t entitled to unpaid parental leave can take unpaid no safe job leave.

Directing employees to take parental leaveIf a pregnant employee wants to work in the 6 weeks before her due date her employer can ask for a medical certificate within 7 days that states:

• she can continue to work; and

• it’s safe for her to do her normal job.

If the certificate says she is fit for work but it is not safe for her to continue in her normal job, then the employee will be entitled to a safe job or no safe job leave.

If she doesn’t provide a medical certificate or the certificate says she cannot continue work at all then the employer can direct her to start unpaid parental leave.

An employee’s unpaid parental leave starts when she is directed to take unpaid parental leave and will count as part of the employee’s total unpaid parental leave entitlement.

If the employee planned to take parental leave at a later date after the birth, the period of directed leave doesn’t have to be taken in a continuous period with the other parental leave.

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APPLYING FOR PARENTAL LEAVE

Before an employee can take parental leave they need to give their employer a certain amount of written notice and evidence, if they request it.

Notice requirementsEmployees who want to take unpaid parental leave need to give their employer notice that they are taking leave and confirm the dates. If an employee can’t give the appropriate notice (e.g. the baby is born prematurely) they will still be entitled to take the leave as long as they provide notice when they can.

10 weeks before starting leaveAn employee has to give notice to their employer at least 10 weeks before starting their unpaid parental leave. This notice needs to be in writing, and say how much leave they want to take, including the starting and finishing dates. If an employee cannot give 10 weeks’ notice, they need to provide as much notice as possible.

4 weeks before starting leaveAn employee has to confirm their parental leave dates with their employer at least 4 weeks before they are due to start their leave. If there have been any changes to the dates the employee should tell their employer as soon as possible. If an employee can’t provide 4 weeks’ notice, they need to provide as much notice as possible.

Concurrent leave noticeEmployees who are taking concurrent leave (parents taking leave at the same time) need to provide at least 10 weeks’ notice to their employer for their first period of concurrent leave. For second and later periods, they need to provide at least 4 weeks’ notice. If an employee can’t provide these notice periods, they need to provide as much notice as possible.

Pre-adoption leave noticeEmployees who are taking pre-adoption leave have to give their employer notice that they are taking leave as soon as possible (this can be after the leave has started). They should also tell their employer how long they expect to be on leave.

Evidence requirementsEmployers can ask employees for evidence of the expected date of birth or of the date of placement of an adopted child, for example a medical certificate or statutory declaration. An employer can specifically ask for a medical certificate from their employee giving the expected date of birth. Employers can also ask for evidence to support pre-adoption leave. If an employee can’t provide evidence, they won’t be entitled to the leave.

PAID PARENTAL LEAVE

Employees can get Parental Leave Pay from the Australian Government and paid parental leave from their employer. Employees who get paid parental leave are still entitled to unpaid parental leave.

Australian Government Paid Parental Leave SchemeEligible employees who are the primary carer of a newborn or adopted child get up to 18 weeks’ leave paid at the national minimum wage. These payments are made to the employer first, who then pays them to the employee. These payments can be paid before, after or at the same time as other entitlements such as annual leave and long service leave.

Parental Leave Pay from the Australian Government does not change paid parental leave from an employer – an employee can be paid both.

These payments do not affect or replace unpaid parental leave.

This scheme does not provide an entitlement to any additional parental leave.

Visit Centrelink - Parental Leave Pay Scheme at http://www.humanservices.gov.au/customer/services/centrelink/parental-leave-pay?utm_id=10 for information about eligibility requirements, making a claim and sorting out payments.

Dad and Partner PayEligible working dads and partners (including same-sex partners) get 2 weeks leave paid at the national minimum wage. These payments are made directly to the employee.

Visit Centrelink - Dad and Partner Pay at http://www.humanservices.gov.au/customer/services/centrelink/dad-and-partner-pay for information about eligibility and making a claim for Dad and Partner Pay.

Record-keeping for paid parental leaveIn addition to their usual record-keeping requirements, employers that have employees getting government-funded Parental Leave Pay also have to keep the following records:

• the amount of Parental Leave Pay funding received from the government for each employee and the period it covers;

• the date each parental leave payment was made to the employee;

• the period each payment covers;

• the gross amount of the payment;

• the net amount paid and the amount of income tax withheld (including other payments, if any, were made);

• a statement identifying the payment as Parental Leave Pay under the Australian Government Paid Parental Leave Scheme; and

• the amount of any deductions made from each payment.

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Pay slips for parental leave paymentsEmployees who get Parental Leave Pay have to be given a pay slip for each payment. The pay slip must specify that the payments are Parental Leave Pay under the Australian Government Paid Parental Leave Scheme.

Ordinary pay slip requirements apply to pay slips given to employees getting government-funded Parental Leave Pay. They must also include:

• the gross and net amounts of Parental Leave Pay and the amount of income tax deducted;

• if there are other payments on the pay slip, this information must be included as well as the total gross, net and income tax amounts; and

• the amount of any deduction and the name and bank details of the entity the deduction was given to.

Only certain deductions can be made from Parental Leave Pay under the Australian Government Paid Parental Leave Scheme. Visit the Centrelink for website at http://www.humanservices.gov.au/customer/services/centrelink/parental-leave-pay?utm_id=10 for more information.

Employer-funded paid parental leaveEmployers can provide for paid parental leave in registered agreements, employment contracts and workplace policies. The amount of leave and pay entitlements depends on the relevant registered agreement, contract or policy. Employer-funded paid parental leave doesn’t affect an employee’s eligibility for the Australian Government’s Paid Parental Leave Scheme. An employee can be paid both.

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WHEN ON PARENTAL LEAVEEmployees on unpaid parental leave have various entitlements:

• keeping in touch days;

• other leave entitlements during parental leave;

• extending parental leave;

• going back to work early; and

• ending employment during parental leave.

Keeping in touch daysVisit the Keeping in touch days page at https://www.fairwork.gov.au/Leave/maternity-and-parental-leave/When-on-parental-leave/keeping-in-touch-days to find out about:

• keeping in touch during parental leave;

• how many days can be taken; and

• payment received on these days.

Other leave entitlements during parental leaveVisit the Other leave entitlements during parental leave page at https://www.fairwork.gov.au/Leave/maternity-and-parental-leave/When-on-parental-leave/other-leave-entitlements-during-parental-leave to find out about:

• leave that can be accumulated during parental leave; and

• other leave that can be taken during parental leave.

Extending parental leaveVisit the Extending parental leave page at https://www.fairwork.gov.au/Leave/maternity-and-parental-leave/When-on-parental-leave/extending-parental-leave to learn about:

• extending leave within the initial 12 months of parental leave;

• extending leave beyond the initial 12 months;

• whether a request to extend parental leave can be refused; and

• how an extension can affect a partner’s parental leave entitlements.

Going back to work earlyVisit the Going back to work early page at https://www.fairwork.gov.au/Leave/maternity-and-parental-leave/When-on-parental-leave/going-back-to-work-early to find out about:

• returning to work from parental leave earlier;

• whether an employee can be asked to return to work earlier;

• how going back to work early affects a partner’s parental leave entitlements; and

• cancelling leave because of a still birth or infant death.

Ending employment during parental leaveVisit the Ending employment during parental leave page at https://www.fairwork.gov.au/Leave/maternity-and-parental-leave/When-on-parental-leave/ending-employment-during-parental-leave to learn about:

• requirements when an employee resigns while on parental leave;

• whether an employer can dismiss an employee or make them redundant during parental leave; and

• parental leave entitlements when a business changes owners.

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RETURNING TO WORK FROM PARENTAL LEAVE

Right to return to the same jobAn employee who’s been on unpaid parental leave is entitled to come back to the job they had before going on leave. They are entitled to this job even if another person is working in their role as a replacement. If the employee was transferred to a safe job before they took unpaid parental leave or they reduced their hours due to the pregnancy, then they’re entitled to return to the job they had before the transfer or reduction.

Employees on fixed term contractsAn employer does not have to extend an employee’s fixed term contract because they’re taking unpaid parental leave. If the employee is on a fixed term contract and it ends while they are on unpaid parental leave, they are not entitled to return to the same job (unless an employment contract says otherwise). If you are on a fixed term contract and it ends after you come back from leave, you’re entitled to return to the same job and finish working the contract.

When an employee’s job no longer existsIf an employee’s job no longer exists or it has changed, then they have to be offered a suitable available job that:

• the employee is qualified and suited to work in; and

• is nearest to their old job in pay and status.

If an employee’s job does not exist anymore after they come back from unpaid parental leave, this may mean a redundancy has taken place. If the job still exists and someone else is doing it, (the ‘replacement employee’) then there is no redundancy.

Discussing changes to an employee’s jobIf an employer decides to make significant changes to an employee’s job (eg. to status, pay or location) while they’re on unpaid parental leave, they have to:

• discuss these changes with the employee; and

• give them an opportunity to talk about these changes, even if they are on leave.

All awards and registered agreements have a consultation process for when there are major changes to the workplace, such as redundancies.

Changing hours and requesting flexible working arrangements Certain employees, such as parents returning to work after taking parental leave, have the right to request flexible working arrangements. Flexible working arrangements include working part-time instead of full-time and changing starting and finishing times of work or working from home.

Breastfeeding in the workplaceA best practice employer can support employees who are breastfeeding by making sure they have suitable facilities available - examples include a private room for breastfeeding, somewhere where the employee can store a breast pump, and a fridge where they store any breast milk. Employees should also be given appropriate breaks so that they can breastfeed or express.

Breastfeeding is a protected ground of discrimination. Making an employee feel uncomfortable about breastfeeding, or not providing adequate facilities or breaks, may constitute discrimination. It may also be a breach of work health and safety laws.

The Australian Breastfeeding Association can help with developing policies that support breastfeeding women in the workplace.

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FLEXIBLE WORKING ARRANGEMENTSCertain employees have the right to request flexible working arrangements. Employers can only refuse these requests on reasonable business grounds.

What are flexible working arrangements?Examples of flexible working arrangements include changes to:

• hours of work (e.g. changes to start and finish times);

• patterns of work (e.g. split shifts or job sharing); and

• locations of work (e.g. working from home).

Who can request flexible working arrangements?Employees who have worked with the same employer for at least 12 months can request flexible working arrangements if they:

• are the parent, or have responsibility for the care, of a child who is school aged or younger;

• are a carer (under the Carer Recognition Act 2010);

• have a disability;

• are 55 or older;

• are experiencing family or domestic violence; or

• provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.

Examples: Eligibility for flexible working arrangements

Greg wants to start work at 10am instead of 9am so he can take his son to pre-school. He can request flexible working arrangements to help him care for his son.

Shirley is 60 years old and wants to finish early on Wednesdays so she can volunteer at her local hospital. She can request flexible working arrangements because she is over 55 years old.

Casual employeesCasual employees can make a request if:

• they’ve been working for the same employer regularly and systematically for at least 12 months; or

• there’s a reasonable expectation of continuing work with the employer on a regular and systematic basis.

How do employees request flexible working arrangements?

Requests for flexible working arrangements have to:

• be in writing;

• explain what changes are being asked for; and

• explain the reasons for the request.

What should employers do with a request?Employers who receive a request must give a written response within 21 days saying whether the request is granted or refused. They can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal.

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PENALTY ATTACHED TO CAREER DISRUPTION AND RETURN TO WORKResearch confirms that traditional approaches to career advancement which value a full-time uninterrupted career trajectory can disadvantage women because they are more likely to work part-time and take career breaks to accommodate carer responsibilities. The 2018 Professionals Australia Women in STEM survey confirmed these findings with respondents reporting that career breaks can have a significant negative impact on advancement opportunities. The complexity and seniority of the projects women were allocated on return to work after a career break were often significantly less/lower than the type of work they were undertaking prior to the break and the project work they were offered was often more menial and did not provide opportunities for development. Very often flexible work arrangements were only available in roles with less seniority, and some women self-selected out of senior roles as a way of balancing their work/life responsibilities because of the lack of flexibility available. Respondents reported the widely held misconceptions that women don’t want senior, management and leadership roles and that women with children don’t want a career. Comments also suggested that the career penalty attached to having a family for females did not work in reverse with males becoming a parent often rewarded with promotion and greater job opportunities.

68.5 per cent of survey respondents said taking maternity leave had been detrimental to their career.

23.4 per cent said they had been sidelined for promotion because they had taken a career break.

Only 12.4 per cent said their employer currently provided support for reintegration into the workplace after a career break.

COMMENTS

• There is a difference between flexible working arrangements being available, and flexible working arrangements being accessible/realistic.

• Since coming back to work after mat leave (going from full-time to part-time) there has been a big shift in the type of work I am given. Previously I used to run substantial, complex projects and now I’m given small tasks.

• My career path was hindered by maternity leave and by me becoming primary carer and working part-time. My momentum slowed, I became less competitive and opportunities were lost.

• I see the senior leaders in our business roles filling all the senior roles with who they know. I’ve seen plenty of people devalue a woman’s contribution after they have had children, they rarely get positions of responsibility after having maternity leave, nor are they allowed to find flexible work arrangements that would allow them to contribute in a valuable way. It’s like they suddenly have lost all their skills when they take maternity leave.

• I felt out of touch and went backwards in my career.

• I was getting overlooked for interesting and technical projects.

PART 2 - ISSUES ON RETURN TO WORK

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• I am a working female STEM professional. I have been negatively impacted for taking a career break and being the primary carer for my children. I currently work part-time and have flexible working arrangements. I am working at a level lower with much lower pay than I did before I had children and have no potential for advancement in my current workplace. I am finding it extremely difficult to return to a management position in industry, i.e. the position I held prior to having children. I am not challenging myself or working to my full potential - the trade-off is flexible working arrangements.

• Lack of job opportunities has been the major issue to advancing my career as a part-time female engineer. The main concern is that I repeatedly miss out on working on the good projects and regularly get assigned menial work.

• While the flexible work arrangements exist, they are not widely accepted or used.

• I had a manager that after promoting all my contemporaries off the entry-level rung denied me a promotion after seven years at the bottom. The only thing my colleagues and I could work out was that my friends got their promotions within a month of their wife having a baby.

• Becoming a parent for me was seen as being able to spend less time at work. The opposite reaction was observed in the same situation with my husband with him being seen as more responsible and given more professional responsibility and promotions after becoming a parent.

PRESSURE TO RETURN TO WORKIt is not uncommon for female STEM professionals returning to work after taking parental leave to feel pressured to return to work sooner than they would like. In these circumstances it is worth understanding your rights and obligations and making an informed decision about what is right for you.

GENDER STEREOTYPES ABOUT WOMEN WITH CHILDREN RETURNING TO WORKRespondents reported widespread stereotyping that negatively impacted their opportunities for advancement, undermined their credibility in the workplace and, contrary to research which has found otherwise, suggested they were less professional, less committed, less capable of handling complex projects and less serious about their careers than male STEM professionals.

While there is no evidence that women are less committed to their careers once they have carer responsibilities, respondents reported assumptions being made about their commitment when they returned to the workforce after a career break to have a child.

COMMENTS ON WORK ALLOCATED TO WOMEN WITH CAREGIVER RESPONSIBILITIES

• Since coming back to work after mat leave (going from full time to part time) there has been a big shift in the type of work I am given. Previously I used to run substantial, complex projects, now I’m given small tasks.

• My employer changed the type of project work I was working on without consulting me because they didn’t think I could service my job working four days a week.

• Returning to work on a part-time basis was difficult, as I was the only person in the team on such an arrangement, and I had to really push to be given interesting work. It was as if returning from maternity leave you wouldn’t be as serious about your job.

• Flexibility to manage family and work commitments is a primary barrier to career advancement as you are not seen as committed or serious if you request flexibility.

CAREER PENALTY ATTACHED TO WORKING PART-TIME AND FLEXIBLE ARRANGEMENTSAfter equal pay, flexible work arrangements and work/life balance were nominated by Women in STEM Survey respondents as the most important issues facing professional women.

The 2017 Professionals Australia Employment and Remuneration Reports in engineering, science and IT confirmed a clear difference in the distribution of males and females by employment status with females significantly less likely to be employed full-time and more likely to be employed part-time than males.

While gaining access to part-time work and flexible work arrangements can help women balance their work and family responsibilities, the arrangements can also be a means of entrenching discriminatory work practices and structural bias against those who have primary caregiver responsibilities. The survey confirmed that utilising flexible or part-time working hours could result in a narrowing of choice, limiting of opportunities and the reinforcement of discriminatory historic work patterns such as the concentration of women in roles and occupations with less responsibility and seniority. Survey responses showed that women may also self-select out of senior, management or leadership roles because flexible work arrangements are not available at senior levels. The survey found that even where positive workplace policies around flexible work arrangements existed, cultural issues within workplaces meant that accessing these provisions could be difficult. A number of respondents also commented that they had a full-time workload in spite of being paid for part-time hours.

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COMMENTS

• My employer has allowed me to work on part-time work arrangements but this is frowned upon and makes me feel like I have been given a special privilege.

• One company I worked for claimed to support part-time work, yet the projects I was given were below my capabilities and I was told that they didn’t believe I could service my previous style of project on a four-day week.

• The employer’s attitude makes all the difference. A lot will say they support part-time work, but don’t follow through with actions that represent what they are saying.

• My employer pays men approximately 20% more than women who undertake exactly the same role (full-time equivalent pay rate). The women tend not to complain because they are worried they might lose their access to flexible work arrangements which are at the “manager’s discretion”. In my experience it is hard to find an employer who allows truly flexible working arrangements in the private sector, so when you find one, there can be a conscious decision not to “rock the boat” to negotiate higher pay.

• Despite departmental policies that flexible working arrangements are not to be used to disadvantage workers, these are policies on paper only and have no bearing on the real world.

• The root problem is workplace cultures that put value in working long hours.

• Employees who start early [and] finish late are seen as best. Part-timers are seen as less valuable and given work with less potential kudos.

• Work/life balance is too often just lip-service.

• While the flexible work arrangements exist, they are not widely accepted and used. Meetings are held on days I am not there and I am not given minutes or a briefing of what I have missed.

Bias in career-building activities for those working part-timeBias in career building activities was reported as widespread by survey respondents. Some of the systemic biases in career building activities were particularly blunt:

• I have been told I would not be given management training while working part-time as part-time workers will not be given supervisory roles.

• I was literally told I was not allowed to attend a weekly networking lunch because I was female and [there were] “no girls allowed”.

Of those who had been promoted in the previous 12 months, only half were actively encouraged by their manager to apply for promotion.

16.5 per cent of survey respondents said their employer was rarely or never proactive in ensuring that men and women had equal opportunity to career advancement.

12.5 per cent of survey respondents said their employer rarely or never ensured that career-building opportunities were allocated based on merit.

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Lack of access to professional development for those working part-time

23.5 per cent said they were unnecessarily prevented from undertaking training and professional development due to working part-time.

61.5 per cent said the impact on personal or family time prevented them from commencing or completing professional development.

COMMENTS

• My past employer developed a program to support women into management positions, I was a team leader and the only female in my group and the only female in a team leader role. I was very forthcoming in stating what my career aspirations were and how my manager could support me - but nothing ever happened, it was all lip service. I was knocked back on all my study requests whilst the boys were approved. Very frustrating.

• Being a mother does not mean I am any less competent at my role than the fathers in the workplace. But I seem to be not given a go at learning new skills and offered opportunities less skilled and qualified male colleagues take on. I feel my contribution to the workplace is not valued and is seen as less important than my male counterparts.

• I was told I was not allowed to supervise staff because I was part-time.

• I never get given any interesting work or any challenging tasks that will help me to progress. I have been prevented from attending training, even when it falls on my working days, on the basis that other people will have more opportunity to use the outcomes of the training as they work more hours.

• I will be skipped over for training or simply not told if I don’t happen to be at work that day.

• I’ve been allocated menial work/leftover work because I am part-time. This means I miss out on important projects which affects my resume, and I then miss out on further opportunities.

• With a lack of females in senior professional engineering roles, career advancement and role models predominantly depend on male mentors.

• My manager was threatened by my performance and even intentionally excluded me from being involved in networking and career development opportunities.

• I have ended up doing a variety of small jobs to fit around family responsibilities and thus I now have no depth on any one field - that is what they promote on. The organisation does tend to groom people for promotion but I am not on the list.

LACK OF WORK/LIFE BALANCEThe 2018 Professionals Australia Women in STEM survey found that lack of work/life balance continues to be a major issue for women in STEM workplaces. The survey also found that those with commitments outside work were sometimes seen as less professional, and that workplaces could be unnecessarily inflexible.

52.5 per cent agreed or strongly agreed that their organisation genuinely encourages work and life/family balance; 29.4 per cent disagreed or strongly disagreed.

44.5 per cent said their employer had good work/life balance policies but the culture of the organisation did not support it.

61.2 per cent agreed that their immediate manager genuinely encouraged work and life/family balance. 19.7 per cent said their immediate manager did not.

38.3 per cent said they were seen as less professional as they had commitments outside work.

37.6 per cent said they were seen as less professional because they could not work long hours.

29.8 per cent said they were seen as less professional because they were not available to attend after hours meetings.

38.6 per cent said the number of hours they had to work limited their capacity to balance work and life/family.

22.4 per cent said unnecessary inflexibility at work limited their capacity to balance work and life/family.

DIFFERENTIAL RETIREMENT SAVINGSWGEA data show comparatively lower retirement savings for females than their male counterparts. According to the WGEA, the average retirement balances at time of retirement age (64 years) in 2013-14 were $292,510 for men and $138,154 for women. The factors contributing to lower annual superannuation contributions are industrial and occupational segregation, the gender pay gap in male-dominated industries, unpaid carer responsibilities that impact workforce participation and in turn lifetime earnings and retirement savings and women are more likely to work in part-time or casual employment.

50.9 per cent of our Women in STEM Survey respondents said a career break had seriously reduced their retirement savings.

52.4 per cent said working part-time had reduced their retirement savings.

47.3 per cent said access to more flexible work arrangements and therefore full-time work would have meant a reduced impact on their retirement savings.

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COMMENTS

• Not getting paid equally in the early/mid-part of my career will have the biggest impact on my retirement savings. I was vaguely aware I wasn’t paid enough at the time - but had never really thought through the long-term impact. Even though I get paid well now, I will never ‘catch up’.

• My retirement savings are compromised by my low pay rate. Only employees who worked full-time regular hours seemed to be able to negotiate a better pay rate.

• The impression of workers when you work part-time is that you’re not putting in as much as others in the workplace.

• Generally, working part-time does not mean part-time workload.

• Managers expect 0.8FTE employees to complete a full workload then you’re marked down in performance reviews when full-time workload is not achieved.

• I don’t see good work/life balance or flexibility with higher levels so don’t apply for them as it’s too stressful to manage the work with family commitments - it’s not worth it.

• Flexibility to manage family and work commitments is a primary barrier as you are not seen as committed or serious if you request flexibility.

• I’ve been told I am not allowed to work on certain projects because the client wants engineers available 40 hours per week minimum. I’ve been allocated menial/leftover work because I am part time - this means I’m missing out on important projects and further opportunities and this affects my resume.

• I felt like I was being judged as unprofessional because I was part-time.

When you are considering taking a career break, it is worth obtaining financial advice so you understand the impact it will have on your retirement savings so you can make an informed decision about the duration of the break.

PROFESSIONAL ISOLATIONRespondents to the 2018 Women in STEM survey suggested that professional isolation was an issue for them while on maternity leave.

• There were no keep in touch arrangements. I was not able to access work emails or communications unless colleagues forwarded information to my personal email account.

• I felt out of touch, went backwards in my career and felt out of place.

• Out of sight, out of mind. People forget about you when you’re away.

In addition to providing project work that offered the opportunity to develop rather than less responsible less challenging work, and options such as flexible work arrangements at senior levels, respondents suggested that keep in touch arrangements, not deactivating email accounts, providing a handover period, notification of team and organisational changes, an email letting people know of an individual’s return to work, their work days, and their role scope as well as time to get back up-to-speed were practical ways to support reintegration back into the workforce.

Maintaining your membership with Professionals Australia means you have access to the Workplace Advice and Support team and professional development opportunities such as webinars and scholarships while you’re on leave. This is a vital way of ensuring you stay connected with your profession and working life while on maternity leave.

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EMPLOYER OPTIONSIf your employer is looking for ways to ensure fairness for STEM professionals, Professionals Australia recommends the following to address some of the obstacles women STEM professionals face in returning to work after having a child:

To address bias in career-building activities:

1. review workplace practices for bias in career building activities for women and those not working full-time. This includes ensuring access to training and development opportunities including management training, access to ‘stretch’ projects, formal and informal mentoring and opportunities for networking. Track and measure outcomes in career development practices; and

2. ensure positive senior male and female role models and mentors are in place and available.

To address the career penalties that can apply when working part-time:

3. develop options for part-time and flexible work at senior, management and leadership levels;

4. provide a process for review of management approvals/refusals for women requesting part-time work or access to flexible work arrangements after a career break;

5. ensure performance pay systems do not exclude incentives and rewards for those in part-time work arrangements;

6. ensure workload and performance indicators are adjusted for part-time status;

7. ensure promotion, recognition and reward are not solely linked with those doing long/full-time working hours; and

8. ensure the leadership and management team model good work/life balance.

To address the disadvantage that can arise from taking a career break:

9. ensure pay reviews do not create extended disadvantage for women taking a career break - that is, no recognition or reward in the year preceding and year following maternity leave;

10. ensure compliance with return to work rights after a career break including the right to return to the same job as well as keep-in-touch arrangements and support for reintegration into the workforce on return to work; and

11. put in place measures that support those on a career break including keep-in-touch arrangements, not deactivating email accounts, providing a handover period and notification of team and organisational changes, and on return to work, project work that provides challenges, debriefings where meetings occur on non-work days and time to get back up-to-speed on return.

To address lack of work/life balance:

12. ensure culture, policies and practices are in place around work/life balance;

13. ensure managers model good work/life balance; and

14. avoid a culture that rewards employees solely on the basis of long working hours.

ENDNOTES1. The information included in Part 1 of this Guide is from the Office of the Fair Work Ombudsman © (www.fairwork.gov.au).

2. Bell, S. (2009). Women in Science in Australia: Maximising productivity, diversity and innovation, Federation of Australian Scientific and Technological Societies, p.41.

3. Probert, B., Ewer, P. and Whiting, K. (1998) “Gender Pay Equity in Australian Higher Education.” The National Tertiary Education Union, Melbourne, pp.51-52.

4. Workplace Gender Equality Agency. Available at https://www.wgea.gov.au/sites/default/files/insights-paper-womens-economic-security-in-retirement.pdf

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MATERNITY LEAVE AND RETURN TO WORK

POSTAL ADDRESS GPO Box 1272, Melbourne VIC 8060

TELEPHONE 1300 273 762

EMAIL genderanddiversity@professionalsaustralia.org.au

WEB www.professionalsaustralia.org.au/professional-women

YOUR RIGHTS, OBLIGATIONS AND SOME OF THE TRAPS FOR STEM PROFESSIONALS