Category Archives: Legislation

Gender Equality in the Workplace: The Role of Paid Parental Leave

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recent article by senior Sydney Morning Herald writer and new mum, Jessica Irvine, sparked our interest.

In her piece, Jessica proposed that we cannot have true gender equality until we have true shared responsibility for raising children. She challenged the labels of ‘primary’ and ‘secondary’ carer enshrined in the current Paid Parental Leave (PPL) legislation as one of the roots of the problem.  Perhaps more concerning is, that as a society, we don’t realise the unintended negative consequences to gender equality when we use the terms ‘primary’ and ‘secondary’ care giver.

“In fact, our entire paid parental scheme is predicated on the idea that there should exist a ‘primary’ and therefore a ‘secondary’ care giver. Mums and dads are forced to decide in the first few weeks which will be which. The idea that duties should be shared equally from the start doesn’t even compute in the current system.”

Jessica Irvine, SMH

Over the years we’ve seen countless times the effect of being assigned ‘primary’ carer has on women, unfortunately, often to their career peril. Many feel they must accept this assumed ‘lead position’ or ‘centre controller’ because it will ensure their family stays just that – a family.

Granted, some women want to stay at home for as long or longer than their PPL permits but what of the women who want to return to work and really share the caring role with their spouse?  Many feel the pressure to stay at home – pressure that comes, in part, from a system designed to commit them to the role as the ‘primary’ carer – which can be permanently, for those who find breaking back in impossible down the track.

Current legislation allows the ‘primary carer’ to transfer their PPL entitlement to their partner if they meet the eligibility criteria. This still implies either one spouse/partner must be the primary carer. What’s more the ‘Dad and Partner Pay’ of 2 weeks paid leave to care for a child overtly implies that mum will be the ‘primary carer’ to take PPL – Dad, well, he’ll just take a couple of weeks off and be back at work! What stereotypes does this reinforce about men and women’s role raising children and the proportion of time men vs. women ‘should’ have off whilst raising a family. And what if you are in a gay relationship – two fathers or two mothers? It forces the couple to choose – one is more of a ‘real’ parent than the other.

To be eligible for Parental Leave Pay, you need to be the primary carer of a newborn or recently adopted child. The primary carer is the person who most meets the child’s physical needs. This is usually the birth mother of a newborn or the initial primary carer of an adopted child. You are considered to be the primary carer from birth, even if your child is in hospital.

Eligibility for Paid Parental Leave Pay, Centrelink

Ask any parent – raising a child is a blessing and a challenge. But consider that imposing one parent with the weighty label of ‘primary’ carer carries with it an assumed unequalness that can be (and more often than not is) interpreted as one parent having more responsibility (i.e. more tasks, more decision making authority, more sacrifice) and implies that the other ‘secondary’ carer is somehow less important or has a lesser role to play. Every able parent is equally responsible for the upbringing and well being of their child. Period.

What if PPL redefined all parents as ‘carers’ of their child rather than as ‘primary’ or ‘secondary’ carer and what if they were equally encouraged to access paid parental leave within the first 12 months? How would that change the state of play in the culture of workplaces? How would it change the minds of men and women in a society that still pays women less for the same work and struggles to find female leaders?

Would parents feel more empowered to step up and be the mum or dad they want to be? Would women feel more empowered to make life and career choices that were important to them instead of feeling forced to make sacrifices (for stopping paid work) or carrying the guilt (for choosing to work)? We know from various studies that gender equality at work leads to a multitude of societal, economic and personal benefits. A report released last month by the McKinsey Global Institute highlights this fact blatantly: “If every country saw women reach parity with men on workforce participation, global GDP would increase $28 trillion”.  And this: “More than half (54%) of the potential increase in GDP can come from increasing women’s workforce participation.”

There is a very plain bias here and one we’d like to see change before the next round of PPL legislation is enacted, for the sake of all Australians – this generation and those to come.  The inequalities at work (we still have a 18% gender pay gap in Australia) and home (women do 2.5 times more unpaid work than men) highlight why we need to address inequality at all levels of society. We need to discourage gender-based assumptions in every nook and cranny we can – from the laws we make to the colour of socks we feel we ‘ought’ to buy our new born. As my 4 year old said this morning: “some kids think blue is for boys and pink is for girls but I like blue and all colours are for everyone”.

In summary, and put simply, we propose the Government remove all gender references from the new Paid Parental Leave legislation. ‘Either parent/carer’ will suffice. Change starts with the individual, but when we have laws that reflect true equality (both parents, without bias, playing an equally active and important role as both carer and worker), we start to inspire and encourage every parent, working or not, to play a role in raising the next generation – equally. After all, it takes village to raise a child doesn’t it?

By: Emma Walsh

First published by Women’s Agenda

 

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Supporting Working Parents – it’s time to act. Australia Human Rights Commission website to help employers and parents

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Spurred by shocking statistics last year that exposed 1 in 2 women and 1 in 4 men experience discrimination during pregnancy, parental leave and the return to work period [1] the Australian Human Rights Commission (AHRC) has responded by launching a website for employers and employees to understand their legal obligations and entitlements better.

The new Government website – Supporting Working Parents – has been developed to help bridge the ‘gap between the law and education, and proper implementation’[2] of policies and practices that support employees with caring responsibilities.

The website includes “a compilation of leading practices and strategies being implemented in workplaces around the country to retain and support talented women and working parents,” said Elizabeth Broderick, Sex Discrimination Commissioner.

At the launch, employers were commended on their intention to ‘do the right thing’ but it was highlighted that many simply ‘don’t know what to do’ and ‘need guidance’.

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What does the new ‘family package’ mean for employers? Importantly, how do working parents feel about it?

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The new childcare and parental leave initiatives have possibly been the most controversial and emotive of Budget 2015.

The Government’s intention is to encourage parents to do more paid work. Sounds good for the economy right? But is it really? And at what expense does it come to our children, working parents and employers?

[Hot news update: 34 leaders and 21 organisations have joined forces to ask government to abandon its proposed changes to PPL. Read more here. Updated: 22.5.2015]

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Workplace Gender Equality minimum reporting standards start now

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As of the 1st of October the new Workplace Gender Equality Agency (WGEA) reporting standards apply for all organisations with 500 or more employees.

What does this mean for relevant employers?

They must have a policy or strategy in place that specifically supports gender equality in relation to one, or more, of the following:

  • GEI 1 – gender composition of the workforce.
  • GEI 3 – equal remuneration between women and men.
  • GEI 4 – availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities.
  • GEI 6 – any other matters specified by the Minister: sex-based harassment and discrimination. [1]

What organisations are required to do to be compliant

For information and the essential resources an organisation requires in order to comply with the new standards click on the links below:

Parents@Work is happy to support you if you would like any additional help or assistance when reporting against the WGEA’s Gender Equality Indicators.



[1] Workplace Gender Equality Agency, What are minimum standards? Viewed 13 October 2014, https://www.wgea.gov.au/minimum-standards/what-are-minimum-standards

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