From here to paternity (leave)

Working as a casual has it's advantages – for example, I can have time off (without giving much notice at all) when I get a freelance client. It does have its disadvantages too though, and at the moment they're being felt in the lack of maternity leave way.

Whilst casual employees are entitled to 52 weeks unpaid parental leave (It's called parental leave since either mother or father can take it if they are to be the primary care giver) its only if they have “completed 12 months continuous service” with their employer – and that, unfortunately, is not me. I was feeling like a bit of a change in direction so handed in my resume to be the 'Makeup Consultant' at a pharmacy. I was interviewed on the spot (glad I wore a nice outfit!) and offered the job right then, pending a police clearance. Excellent! So I gave three weeks notice at the place I was working in and thought everything was perfect. The day before I was due to start at the pharmacy, I found out I was pregnant.

Legally I had no obligation to tell my new employer I was pregnant, especially since it was before the 12 week “She'll be right” stage. But I decided to tell them anyway, basically out of a sense of overwhelming guilt. They were shocked to say the least and suggested we all just play it by ear and see what happened. Phew.

So after six months in the job I've now left. Although they have asked me to come back after Tricky is born, I don't have a legal leg to stand on if they change their mind. I've even trained up my replacement, and there isn't enough work for two of us. But I suppose I'll waddle over that bridge when I come to it. For now I'm enjoying the extra time to nest and put my (swollen) feet up.

But what about Hubby? And all the other partners out there? What are they entitled to? Bugger all is what. It is up to the individual company to decide what leave entitlements the non-primary care giver is eligible for. It was a topic of hot debate at antenatal classes the other day with all the couples comparing. It was awful to hear the stories of the men in the group (our class consists of all heterosexual couples with the woman being the primary care giver) having to fight for time off.

Hubby works for the government and gets two weeks paternity leave straight off, no questions asked. Luckily for us his boss (whose wife is expecting her third at the same time as we are expecting Tricky) is very flexible and encouraging him to do what he has done each time (and will do again this time). That is, to combine his paternity leave with carer's leave and a little bit of annual leave, which all up is a grand total of six weeks off work! Hooray!

This not only means that I will get some help in those difficult first few weeks, but it will also allow Tricky to bond with his dad, an opportunity not every bub gets. Especially, it turns out, for teachers. One of the men in our class is a teacher and is allowed a whole three days off. Three days?! THREE DAYS?! That is disgusting! Worse when you consider his wife has to have a scheduled caesarian section for health reasons – she will need three days just to get out of bed – then what?! She'll get a kiss goodbye while her husband goes off to work no doubt feeling guilty for leaving, and she can struggle through. They had tried to get the caesarian scheduled in for the beginning of the school holidays, but turns out you can't pick and choose quite that easily.

Did your partner have time off?  Did he/she have to fight for it?

Indecent Exposure

In my ideal world, after having a painless yet drug free birth, I will breastfeed Tricky immediately with no hassles, no 'attachment' issues and definitely no cracked nipples, for about twelve months... So it may be a rather unrealistic vision but I did say it was in my ideal world, and I definitely don't expect it to happen this way.

Breastfeeding for as long as a I can is really important to me for a number of reasons:

• it's been shown to protect babies from all sorts of nasties because of the huge amounts of antibodies breastmilk contains

• breastfed babies on average, have higher IQ's and if Tricky is to survive in a commercially driven world then brains matter (let's face it, he won't have the ability to wear a low cut top to get what he wants like his mother does)

• it protects against allergies and asthma

• it's a complete nutrition package that can change daily if required, to meet bub's varying needs

• it's definitely a lot cheaper than bottle feeding, no special equipment to buy, no sterilising of bottles

• and since my breasts are of the non-detachable variety, it's completely portable

Due to my sister's ill health when I was born, I wasn't breastfed - I was a soy baby. Whether its because of this or a thousand other variables, I have had asthma since I was two and multiple allergies so bad that I had six months worth of weekly injections to reduce their severity. Add in to the mix that I sometimes wear glasses and I'm your stereotypical geek type from American television with my allergy meds in one hand and my azzzzma inhaler in the other. I'm not resentful towards my mum for bottle feeding me, she had the proverbial bigger fish to fry at the time and did what was necessary, but it has made me more determined to try my hardest to breastfeed Tricky as long as I can.

Which brings me (finally) to my point. Western Australia is the only state without legislation recognising the right for women to breastfeed their baby in public without discrimination. So if I'm down the shops and face the choice between a screaming Tricky or discreetly breastfeeding I know which one I'm going to choose. But I may be asked to 'move along' or to go somewhere 'more appropriate' like a germ filled public toilet that hasn't seen a bottle of White King since Christmas. Legally, I would have no right to politely tell them to go away (I would also not have the right to tell them to go shove it, which is the more likely response).

As it stands you cannot be discriminated against based on your family responsibilities, but there is no specific clause that covers breastfeeding as one of those responsibilities - Instead it covers things like being penalised for taking a day off to care for a sick child.

In April last year when questioned about the possibility of new legislation the premier, the Honourable Colin Barnett said that “common sense and common courtesy” were the answer and therefore would not be introducing laws on breast feeding, yet in the same interview he was quoted as saying “the operators of establishments need to recognise and respect the right of a mother to feed her baby". Maybe its just me but is that a blatant contradiction? People need to respect a right that is not actually legally enforceable? Riiight, I can see that happening. If speed limits were a courtesy and not enforceable – would you speed?

In response to Barnett's comments the Equal Opportunity Commissioner, Yvonne Henderson, released a statement in November 2009 urging the Legislative Council to pass the legislation (the Legislative Assembly had already passed it) citing the social and health benefits to both mother and baby. But nothing was done and the upper house has still not budged.

Its a pretty sad state of affairs that legislation is even needed so that women can do what is completely natural and feed their children. Especially when you consider that you can easily see more flesh at the beach and far more on a Saturday night in Northbridge.

Honestly I really don't know what I'd do if someone were to approach me whilst breastfeeding and ask me to 'move along'. I'd like to think I could come up with some witty response whilst holding a screaming, starving Tricky right up to their ear, where hopefully he would also puke a little bit. Mmm warm baby sick right in the ear and down the collar. I wonder if babies can be trained to puke on command?

If this issue makes you hot under the collar (due to the presence of baby sick or not), you can put your name on the petition currently being hosted at Go Petition.

If you have been discriminated against for breastfeeding in public or for any reason at all, you can contact the Equal Opportunity Commission or the Australian Human Rights Commission.