Know Your Rights

We know finding clear information about your rights at work isn’t always easy.

Legislation can be full of jargon, and it’s hard to know where to look.
That’s why we created this place: to give you practical answers to real-life questions about some of your most important rights at work.

How many days can you take to care for a loved one? Who counts as family? What should you do if your job isn’t safe during your pregnancy?
What if you’re treated unfairly, passed over, spoken down to, or excluded, just because of who you are or what you’re going through?

You’ll find answers to those questions here.

This page covers:

→ Leave and flexible work arrangements
→ Key protections like equal pay, superannuation, and your right to disconnect
→ What to do if you’ve been discriminated within your workplace

Every section links to a detailed factsheet, so you can dig deeper if you want to.

Can I ask for flexible work arrangements at my job?

Who? Every worker can request flexible work arrangements.
In some cases (for example, if you're pregnant or caring for someone) your employer must consider your request more seriously.

What? You can ask for arrangements that suit your needs. That could mean changing your start or finish times, taking extra breaks, or working from home.

How? Make your request in writing to your employer.

What leave can I take if I’m sick or need to care for a loved one?

Who? All full-time and part-time workers.
You can use carer’s leave to support immediate family or anyone you live with.

What? You have 10 days of paid personal leave per year. This includes both sick leave and carer’s leave.

👉 How? Let your employer know as soon as you can. If they ask, you may need to provide reasonable evidence, like a medical certificate.

What are my rights at work during pregnancy?

Who? Every pregnant worker.

What? If your current job poses a risk to your pregnancy, your employer must offer you a safe alternative role with the same hours and the same pay.

If no safe job is available, you may be entitled to paid no safe job leave until you begin parental leave.

Even if your job is safe, you can still request flexible work arrangements to support your wellbeing.

Pregnancy loss

If you lose your baby after 20 weeks, you are still entitled to 24 weeks of paid parental leave.

If it happens earlier, other types of leave may be available to support you.

How much parental leave can I take?

Who? Primary carers who’ve worked for the same employer for at least 12 months.

What?

• Up to 12 months of unpaid leave (depending on full-time, part-time or casual work)

• 24 weeks of paid parental leave at minimum wage (if you are the primary carer)

👉 How? Let your employer know in writing at least 10 weeks before your leave starts.

Returning to work from parental leave? Learn more on this here.

What are my rights if I’m experiencing family or domestic violence?

Who? Any worker impacted by family or domestic violence, including casuals.

What? 10 days of paid leave per year. You can use this time to attend counselling, go to court, move house, talk to police or a bank, or take any other steps related to your safety.

👉 How? You don’t need to share more than you feel safe disclosing. If asked for evidence by your employer, a short written declaration is usually enough.

Need support?

You’re not alone.
These free and confidential services can help:

1800 Respect

13 Yarn

Safe Steps

No to Violence (for men)

What are my rights around equal pay and pay secrecy?

Who? All workers.

What? You have the right to be paid the same as others doing the same job, regardless of gender.

You also have the right to share or not share your pay details with your coworkers. Your employer can’t stop you.

Do I have the right to not answer my boss after work hours?

Who? Every worker

What? You have the right to ignore work calls, texts, or emails outside your regular hours, unless it’s reasonable or part of your role. It is called the right to disconnect.
Your employer can’t treat you unfairly for exercising this right.

What is superannuation and how does it work?

Who?

All workers over 18

If you're under 18, you must work over 30 hours a week

What? Your employer must pay at least 12% of your wage into a super account. This money is invested for you and becomes accessible when you retire.

What if I’m being treated unfairly?

Sometimes it’s not just about what your rights are, it’s about whether you’re being given a fair go.
If you’ve been treated differently or unfairly because of who you are (because you’re pregnant, a carer, or for any other reason), that could be discrimination.

Workplace discrimination is against the law. Your employer must take real steps to prevent it.

From 12 December 2022, your employer now has a positive duty under the Sex Discrimination Act and the Equal Opportunity Act to take proactive steps to prevent and eliminate sex discrimination, sexual harassment and victimisation at work.