s81-82A: ss 81 to 82A Transfer a pregnant employee to a safe job, or give paid or unpaid no safe job leave
Where a pregnant employee gives evidence (which may be a medical certificate) that she is fit for work but that it is inadvisable to continue in her present position during a stated risk period because of pregnancy-related illness or risks or hazards of the position, the employer transfers her to an appropriate safe job (same ordinary hours or hours she agrees) for the risk period with no other change to her terms, paying her full rate of pay for her previous position. If no safe job is available, an employee entitled to unpaid parental leave who has met the s 74 notice and evidence requirements gets paid no safe job leave at the base rate for ordinary hours for the risk period; one not entitled to unpaid parental leave gets unpaid no safe job leave. In the 6 weeks before the expected birth the employer may seek a further certificate and, in the stated cases, require unpaid parental leave (s 82).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s81-82A. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Pregnancy risk assessment for the employee's role; Records of safe job transfers with pay maintained at the previous full rate; Paid no safe job leave records where no safe job existed
What usually goes missing
Pregnant employee moved to a lower-paid role; Safe job not considered, employee sent on unpaid leave; Risk period not documented
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.