No, it's not OK.

When she comes back from leave her boss should give Jane her old job back. If her job doesn't exist anymore, she should be offered one with pay and status that matches her previous role.

It is against the law to discriminate against you at work – which includes bullying – because you are pregnant or might get pregnant, have taken parental leave, need to breastfeed or express milk, or because you have children or other people who depend upon you for care.

Go to the next question or keep reading for more information on discrimination because of pregnancy, breastfeeding, and parental or carer status.

What does the law say about pregnancy?

In Victoria it is against the law to discriminate against you at work because you are pregnant or might become pregnant, or because you are breastfeeding or expressing milk.

For example, it's against the law for an employer to pass you over for a job because they think you might get pregnant and have to take maternity leave, if you are the best person for the position.

When coming back from parental leave, you also have the right to return to your previous role. If that doesn't exist any more your employer should offer you one with the same salary and status of the job you had before you went on leave.

What does the law say about being a parent or carer?

It is also against the law to discriminate against you at work because you have children or need to care for someone.

Employers must seriously consider any request for flexible work arrangements from workers who have children or people who depend on them for care – they can't just say no on the spot.

Working part time, job sharing, working from home, or starting and finishing earlier or later are all examples of flexible work arrangements.

Contact us

If you want to find out more about discrimination because of pregnancy or caring responsibilities you can call the Commission's Enquiry Line for a free and confidential chat on 1300 292 153 or email our Enquiry Line.