Concerned: lawyer Anette Moldrem is worried about the high figures referred to by the Equality and Anti-Discrimination Ombud. Photo: private
Women across Norway are missing out on pay rises and promotions
Parental leave harms women’s careers – many are denied promotion opportunities, lawyer says.
Parents on parental leave miss out on job information and pay talks
Employees who are on parental leave often do not receive information about vacant positions at work or invitations to salary discussions. The scale of the problem is significant, particularly among women.
Twelve per cent of women report having been asked about their plans for pregnancy during a job interview. Fourteen per cent say they have experienced negative reactions from their manager when informing them that they are expecting a child.
In addition, 22 per cent of women on temporary contracts say their employment was not extended while they were pregnant or on parental leave, according to the survey.
The most recent available figures show that 55 per cent of women who were employed when they had children report having experienced one or more instances of discrimination while on parental leave and/or when returning to work after leave.
Lawyer Anette Moldrem is concerned about the high figures
“I find it worrying that the Equality and Anti-Discrimination Ombud receives so many enquiries from pregnant employees and people on parental leave who believe they have been discriminated against. It shows how important it is for employers to familiarise themselves thoroughly with the legislation in order to avoid discrimination against both women and men.”
What are you entitled to while on parental leave?
“When you are on parental leave, you are entitled to receive important information from your employer about what is happening at work. You should not miss out on key career opportunities or be overlooked in a reorganisation process simply because you are on parental leave.
At the same time, it is important to remember that parental leave is a right to be away from work. You are entitled to time off to be with your child, and the employer cannot require you to work during this period,” she says.
Losing opportunities
Helle Holst Langseth, Senior Adviser at the Equality and Anti-Discrimination Ombud, says that employers need more knowledge about the issue.
“The Ombud’s national survey on discrimination against women and men who are expecting a child or are on parental leave revealed major challenges related to discrimination for this group,” she says.
The majority of enquiries received by the Ombud concern discrimination related to pregnancy or parental leave in working life, despite the fact that there is strong legal protection against such discrimination.
“Unfortunately, surveys show that some employers are still sceptical about hiring pregnant women and parents of young children. Our experience is that many employers do not have sufficient knowledge of employees’ rights,” Langseth says.
Employers are not complying with the law
The Equality and Anti-Discrimination Ombud sees that many employers fail to comply with their legal obligations.
“Employers are required to provide employees with information that enables them to safeguard their interests while they are on leave. This may include information about vacant positions, organisational changes and salary negotiations. If employers fail to meet this duty to inform, employees on parental leave may be subject to discrimination,” says Langseth.
If an employee on parental leave is not given the opportunity to submit salary demands, or is not assessed in salary negotiations on the same basis as other employees in the organisation, this constitutes discrimination on the grounds of parental leave and is illegal under the Equality and Anti-Discrimination Act.
“We recommend that all employers establish clear routines for employees who are going on parental leave. This may include structured conversations before, during and after the leave period. Employers also stand to gain from this, in the form of satisfied employees who feel valued and taken care of,” she says.
Make a plan
Moldrem advises that it can be wise to make a plan for the parental leave period and the time leading up to it.
“As the Ombud points out, it is important for employers to have good routines in place. In some cases, workplace adjustments may be needed. Proper facilitation can enable a pregnant employee to remain at work for longer, which benefits both parties. Employers have a legal duty to make such adjustments. Often, only minor changes are needed, such as a better chair or slight adjustments to working hours.”
She also recommends maintaining good dialogue about work tasks during pregnancy.
“It is important that employers do not remove employees from interesting projects and tasks long before parental leave begins,” the lawyer says.
She adds that it is also sensible to discuss how much work-related information the employee wishes to receive during leave and to agree on a plan for contact during the leave period. Employers cannot require employees to stay updated on everything that happens at work, but if the employee wants to be kept informed about a project or other developments, they should let the employer know.
Since employees on parental leave are entitled to have their salary assessed on the same basis as other employees, it is crucial that they are not forgotten in such processes.
“Towards the end of the leave period, or when the employee returns to work, it can be useful to have a conversation about the return and about balancing working life and family life. It is also important to remember that employees have the right to return to the same, or an equivalent, position.
If changes occur in the workplace during the leave period that affect all employees – such as a reorganisation – and the employee on leave is given sufficient information and the opportunity to have influence on an equal footing with others, it becomes easier to avoid conflicts,” she concludes.