What is paid ‘no safe job’ leave?
Author Paul Munro 17 Jan 2012
An employee who is unable to perform certain work due to pregnancy is entitled to a special form of leave if the employer is unable to place the employee in safe work.
This question was recently sent to WorkplaceInfo.
Q We are an airline and have a flight attendant who is pregnant and has provided a medical certificate stating she cannot perform her current duties due to her pregnancy but can perform ground duties.
The employee’s expected date of confinement is in four months time.
Because no ground duties are available at her location, she is currently absent on paid ‘no safe job’ leave.
Do we have to pay ‘no safe job’ leave for the intervening four months or can she be directed to take unpaid parental leave from an earlier date?
A Paid ‘no safe job’ leave applies where an employee is fit to work, but that it is inadvisable for them to continue in their present position during a period because of risks associated with the pregnancy or hazards connected with that position.
If there is no appropriate safe job available, the employee is entitled to take paid ‘no safe job’ leave for the risk period, payable at the employee’s base rate of pay for her ordinary hours of work.
The risk period is the period indicated by the employee’s medical adviser on the medical certificate.
Limit?
The Fair Work Act 2009 does not limit the amount of leave available to the employee in this circumstance, stating only that the risk period ceases on the commencement of unpaid parental leave.
Medical certificate
If the employee is on paid ‘no safe job’ leave during the six-week period before the expected date of birth, the employer may ask the employee to give a medical certificate stating whether she is fit to work.
In this circumstance, the employer may send the employee on unpaid parental leave if a medical certificate is not forthcoming from the employee within seven days of the employer’s request, or the employee supplies a medical certificate stating she is not fit for work.
Independent medical examination
Because of the potential length of the period of paid ‘no safe job’ leave, the employer may request the employee submit to an independent examination by a specialist in the appropriate field of medicine, subject to regular examination (say on a monthly basis) during the period of paid ‘no safe job’ leave.
Source: Paul Munro, IR Consultant.
This question was recently sent to WorkplaceInfo.
Q We are an airline and have a flight attendant who is pregnant and has provided a medical certificate stating she cannot perform her current duties due to her pregnancy but can perform ground duties.
The employee’s expected date of confinement is in four months time.
Because no ground duties are available at her location, she is currently absent on paid ‘no safe job’ leave.
Do we have to pay ‘no safe job’ leave for the intervening four months or can she be directed to take unpaid parental leave from an earlier date?
A Paid ‘no safe job’ leave applies where an employee is fit to work, but that it is inadvisable for them to continue in their present position during a period because of risks associated with the pregnancy or hazards connected with that position.
If there is no appropriate safe job available, the employee is entitled to take paid ‘no safe job’ leave for the risk period, payable at the employee’s base rate of pay for her ordinary hours of work.
The risk period is the period indicated by the employee’s medical adviser on the medical certificate.
Limit?
The Fair Work Act 2009 does not limit the amount of leave available to the employee in this circumstance, stating only that the risk period ceases on the commencement of unpaid parental leave.
Medical certificate
If the employee is on paid ‘no safe job’ leave during the six-week period before the expected date of birth, the employer may ask the employee to give a medical certificate stating whether she is fit to work.
In this circumstance, the employer may send the employee on unpaid parental leave if a medical certificate is not forthcoming from the employee within seven days of the employer’s request, or the employee supplies a medical certificate stating she is not fit for work.
Independent medical examination
Because of the potential length of the period of paid ‘no safe job’ leave, the employer may request the employee submit to an independent examination by a specialist in the appropriate field of medicine, subject to regular examination (say on a monthly basis) during the period of paid ‘no safe job’ leave.
Source: Paul Munro, IR Consultant.
 | Paul Munro Paul has over 30 years’ experience providing advice to employers on workplace issues, with over 25 years as a workplace relations advisor with New South Wales Business Chamber. Paul has also been in a workplace advisory role with employer organisations in the timber industry and club industry. more from Paul |
2 Comments
 | JoannaG 17 January 2012,14:03 If someone is unable to travel to work due to pregnancy but is able to work from home but the workplace does not allow that due to business reasons, OHS etc would the individual be eligible for No Safe Job payment? |
1  |
| JohnG 18 January 2012,11:50 From the editorial desk of WorkplaceInfo: Inability to travel due to pregnancy would require a medical assessment. A health assessment of this nature could suggest other health issues. As said, these questions come down to appropriate medical assessment and it is difficult to provide definitive answers without such assessments. |
2 |
Leave a Comment
Please login if you wish to leave a comment: 
