Divvy's right re: AWA's (assuming the company has one?). It would certainly be worthwhile investigating. There should be a copy accessible to employees in the workplace. If there is no AWA however, most state/federal awards however don't outline specific entitlements in this regard.
Having said that there is a legal requirement for employers to make 'reasonable adjustment' to accommodate a pregnant employee. This may include a reduction in hours where there is medical evidence that such long hours may be detrimental to the woman/her unborn child, or it could mean altering the employee's role slightly to enable her to sit for longer periods/avoid heavy lifting etc.
This is a workplace health and safety issue as well as antidiscrimination.
Interpretation of the antidiscrimination act (and what is 'reasonable') is really a matter for a tribunal/court to decide, but in general, if the changes the employee is requesting wouldn't be likely to cause the employer 'unjustifiable hardship' then it will most likely be considered reasonable. Sometimes putting a request in writing to an employer is more effective than an oral request.
She should use phrases like 'I believe the proposed adjustment is reasonable in the circumstances and is unlikely to cause undue hardship to the company or disrupt the workplace, especially considering the potential harm that may result from my continuance in my role as it now stands'. Employers (especially the big ones) pick up on the key words and will often do a backflip when they're used!
In NSW, the industrial relation act requires an employer to temporarily adjust an employee's hours of work if necessary to avoid a 'risk' or 'hazard' in the workplace. The act specifically says 'temporarily'.
It's pretty complicated, but for the sake of her unborn child and her own health, I'd suggest (at the least) writing a letter of request to her employer, and if she is a member of a union make sure the employer sees that it is CC'd to the union! She could also contact the local 'Working Women's Service' if she's not a union member.
This kind of thing really gets up my nose :evil: (if you can't tell from the epic post!). I have a passion for human rights, antidiscrimination and industrial relations law (though I'm a few years off becoming a practicing lawyer). I work in disability employment and I see so much crap from employers - similar issues arise to those faced by pregnant women.
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