Chapter 10: Return to work

Returning to work after parental leave can be a challenging time for many new parents. The Review received numerous submissions citing the difficulties faced by parents returning to work and suggestions about what improvements could be made for the future. While returning to work is not strictly in the scope of the Act, the Review has considered these submissions as well as conducted research on what could be adopted by agencies to assist parents in this process.

"The return to work period is a time of transition for the individual as an employee to return to work, but also as a family to learn new routines."

- Individual submission[246]

This chapter will outline the key areas that were raised in submissions: breastfeeding; workplace and agency culture; flexible working arrangements; and, having conversations with managers. The recommendations in this chapter are based on best practice and agencies are encouraged to investigate whether they are already compliant and what further work should be considered to best support employee parents.

Breastfeeding

The WHO recommends babies be exclusively breastfed for the first six months of life, with breastfeeding continuing for up to two years or beyond for as long as the mother and child desire.[247] In Australia it is unlawful to discriminate against women who are breastfeeding.[248] This protection extends to the workplace, where employers that do not provide adequate facilities or breaks to breastfeed could be responsible for both discrimination and be in contravention of work health and safety duties.[249]

While the Fair Work Act does not contain specific provisions on breastfeeding in the workplace[250], best practice employers support breastfeeding employees through providing suitable facilities, such as a private room, a fridge to store breastmilk and space to store a breast pump.[251] It is also estimated that the economic value of the 42 million litres of breastmilk produced in 2009-10 by Australian mothers was valued at over $3 billion.[252] This unpaid labour equates to approximately 20 hours per week for the first six months of life[253], so it is vital that birth parents returning to work are supported to breastfeed for as long as they choose, not just for the first six months.

"The success or failure of breastfeeding should not be seen solely as the responsibility of the woman. Her ability to breastfeed is very much shaped by the support and the environment in which she lives. There is a broader responsibility of governments and society to support women through policies and programmes in the community."

- Dr Nigel Rollins, endorsed by the Australian Breastfeeding Association[254]

The Australian Breastfeeding Association (ABA) provides information to employers and employees on managing a return to work while breastfeeding, and they offer accreditation to employers meeting best practice for providing three key elements of support to employees:

• time during the working day to breastfeed or express;

• a private, comfortable space to breastfeed or express; and

• a supportive culture from the employer and colleagues.[255]

A number of submissions were received on breastfeeding in the workplace and the inadequate provision of facilities and support in some agencies, which is consistent with feedback during consultation on the APS Gender Equality Strategy 2021-26.[256] Provision of facilities and lactation breaks improve job performance, employee retention and the rate of breastfeeding at little cost to the agency.[257] The Strategy also encourages agencies to work in line with the Australian National Breastfeeding Strategy: 2019 and Beyond, including considering seeking accreditation from the ABA.

Recommendation 23: Paid lactation breaks and access to breastfeeding facilities

23.1   Agencies to provide appropriate and flexible paid lactation breaks to breastfeeding employees, with respect to the individual lactation needs of the employee.

23.2   Agencies to ensure employees have access to appropriate breastfeeding facilities, which includes appropriate facilities to express, in line with the APS Gender Equality Strategy 2021-2026.

23.3   Agencies encouraged to seek Breastfeeding Friendly Workplace Accreditation with the Australian Breastfeeding Association.

Workplace and agency culture

Submissions to the Review indicated that employee experiences returning to work after parental leave were influenced by their agency's culture and the culture of the team the employee was returning to. Gender also played a role in how an employee was treated returning to work after a period of parental leave, with men reporting they were not given the same respect and flexibilities as women returning from leave and that gender stereotypes were evident.

Case Study - non-APS Agency

One non-APS agency offers three coaching sessions provided by Parents at Work for each employee who accesses parental leave. This is a way of helping parents with the transition and has changed the culture of the workplace to be one where both parents are encouraged to access leave and work flexibly.

These sessions provide one-on-one coaching and can be used to prepare for parental leave, return to work planning, adjusting to parental leave and negotiating flexible work options. These sessions can be accessed before, during and after parental leave.

Agency culture is likely to influence parents before a child is born. Men and partners in submissions to the Review reported that their manager did not initiate a conversation about whether they will be working flexibly after their child is born, or what the workplace could do to support their transition into parenthood. Allowing Parental Leave to be used flexibly is one way managers and employees can understand that flexibility can be utilised by any parent to care for their child, regardless of whether or not they have given birth.

Agency communication with employees on parental leave is also important and was conveyed in a number of submissions. While some agencies provide regular communication about upcoming recruitment and job vacancies, others do not. By including employees on parental leave in these communications, employees are able to make decisions on whether to apply for these opportunities rather than returning to work and discovering they missed out.

Keeping in Touch days, as discussed in Chapter 4, are another example of how agencies can continue to include employees who are on parental leave and ensure they are invited to training and planning opportunities. The Review was also made aware of agencies who had previously -- prior to COVID-19 disruptions -- held monthly playgroup-like sessions for employees on parental leave that were attended by senior executives as part of a 'connected to the workplace' strategy.

Recommendation 24: Improved communication with employees during Parental Leave

24.1   Agencies to ensure regular communication with employees on Parental Leave about upcoming recruitment and training opportunities, and other key agency developments.

Skilling managers

For many employees who return from parental leave, their lives look very different to the ones they had prior to commencing leave. A key theme that emerged through submissions was managers lacking information about their role in supporting employees on extended periods of leave, including supporting them return to work, including breastfeeding, consistent with consultations on the APS Gender Equality Strategy 2021-26.[258]

"More understanding that when you return to the workplace it is not easy to pick up where you left off. It is quite challenging to get into the rhythm again and the workload should be reflective of this and tailored to my needs and skills."

- Individual submission[259]

Submissions suggested that managers and supervisors need to be properly equipped to have conversations with returning staff on how best to manage their transition back to work and whether any adjustments are required. Employees who give birth often experience both physical and psychological injuries from birth with lasting impacts, and all parents can experience mental ill‑health, as well as simply needing to adjust to being working parents.

Provision of this manner of support enables employees returning from leave to regain their confidence and skills, and takes pressure off parents to be immediately performing to the same standard they were pre-leave. Employee Assistance Programs can also be used to support parents on their return to work, and agencies are encouraged to provide these details to parents when they commence leave.

Recommendation 25: Improved return to work support

25.1   Agencies to ensure managers are equipped to discuss and plan with employees on Parental Leave their return to work, including any additional support or workplace adjustments they may require.

Flexible working arrangements for all parents

A number of submissions commented that for a mother returning from leave, requesting a flexible working arrangement was routine and straightforward for the work area to accommodate.

Conversely, fathers reported that requests for a flexible working arrangement were often met with resistance, highlighting an entrenched gender discrimination in the approach by some managers in considering such requests.

"Due to having childcare arrangements in place for only two days a week, dad requested flexible working arrangements with a return to the workplace starting part time two days a week. This request was met with resistance and while eventually accommodated, we were once again disappointed and surprised by the apparent gender discrimination in 2021. We did not expect to hear the phrase "could you see if your wife could maybe work part time instead?" uttered and we do not think that if roles had been reversed, the same person would have said "could you see if your husband could maybe work part time instead?"

- Individual submission[260]

Research by Bain & Company found that while 60 per cent of Australian men wanted flexible working hours, men were twice as likely as women to have their requests for flexible working arrangements rejected.[261]

The Review considers that if parents are to have an equal opportunity at caring for their children and the flexibility to arrange care in a way that suits their family, agencies need to consider requests for flexible working arrangements equally from either parent regardless of gender.

Recommendation 26: Ensure all parents have access to a flexible working arrangement

26.1   Agencies to ensure managers encourage and support all parents seeking a flexible working arrangement upon return to work from Parental Leave.