Who can use this correspondence?
This correspondence can be used by all employers.
Commentary
Employers are prohibited from discriminating against women on the basis of pregnancy, yet they must also comply with occupational/work health and safety obligations. Where an employer has well-founded concerns that an employee may not be able to safely perform the inherent requirements of the employee’s job because the employee is pregnant, an employer should ensure it is satisfied (on the basis of medical evidence) that the employee can safely perform the inherent requirements of her job.
If the medical certificate provided by the employee identifies that, in the medical practitioner’s opinion, the employee is fit to work but it is inadvisable for the employee to continue in her present position for a stated period because of illness or risks arising out of the pregnancy or hazards connected with that position, the employer should obtain advice regarding its obligations, including those relating to providing the employee with a ‘safe job’, 'no safe job leave' or unpaid parental leave.
Employers should attach a detailed and up to date job description to the letter to assist the doctor to provide the necessary statements.
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