Navigating work while managing an at-risk pregnancy can be a very challenging situation. In the past, pregnant employees in this position working in the NSW public sector who were unable to perform their normal duties were at risk of having to use up their sick leave or access parental leave payments before their baby was born.

The Crown Employees Award Clause 75.18 states that a pregnant employee unable to perform usual duties due to a risk or hazards to her health or that of her unborn child should be provided safer alternative duties. Clause 75.19 follows on stating in the event adjustments could not reasonably be made, and an alternative and appropriate safe job is unavailable, the employee must access available sick leave or commence maternity leave.

Last year during consultation between unions and Public Sector Industrial Relations (PSIR) it was raised and confirmed Paid No Safe Job Leave provisions Under the Fair Work Act 2009 also applied to NSW public sector employees. This means that in the event a pregnant employee is unable to perform their usual duties and cannot be provided reasonable alternative duties, they may be entitled to Paid No Safe Job Leave for the risk period (the period of time when the employee is fit for work but should not continue in their current role).

The employee must provide evidence proving that they are fit for work, but it is unsafe for them to continue in their current role due to illness or risks arising out of the pregnancy, or hazards connected with the position.

The Premiers Department has published a circular for this information to be accessible to NSW Public Sector agencies and employees:

C2025- 02 Parental Leave Entitlements – Paid No Safe Job Leave

If you are pregnant and have health concerns about the work you are doing you should contact the PSA for advice on negotiating transfer to a safer role, or accessing Paid No Safe Job Leave if there is no alternative.