An analysis of legislation and policies that guide maternity leave decision making in Australian midwifery students
Michelle Gray A * , Liz McNeill B , Terri Downer C , Dianne Bloxsome A and Elaine Jefford CA
B
C
Abstract
There are no guidelines to assist midwifery academics or students in determining the optimal time to return to their educational programs following pregnancy. Rather, students need to navigate balancing new motherhood with the pressures of returning to their clinical midwifery placement and completing their statutory requirements to meet the Australian Midwife Accreditation Standards before the end of their program. The aim of this study was to seek best practice information that provides guidance to academics supporting midwifery students returning to study after maternity leave.
An analysis of contemporary Australian legislation, workforce guidelines, professional association statements, and university policies was undertaken to determine what guidance is available to assist midwifery academics in providing advice to midwifery students about the optimal time to return to their studies following birth. This document analysis was performed during 2021–2022 and followed Altheide and Schneider’s 12 step process divided into five stages to clarify best practice advice for midwifery academics to provide guidance to students returning to study after maternity leave.
Policy documents that refer to pregnancy confirm women have legal rights, and there is clear guidance on maternity leave; however, advice for midwifery students on the optimum time to return to study and clinical placements after birth is missing from the result of this document analysis search.
Transition to motherhood during the postnatal period is an important time. Clear national guidelines are needed to provide support and recommendations regarding a safe and optimal time to return to study and placement.
Keywords: legislation, maternity leave, midwifery, parenting, policy analysis, pregnant, pre‐registration education, student.
References
1 Australian Health Practitioner Regulation Agency. AHPRA and National Boards Annual Report 2020/21. 2021. Available at https://www.ahpra.gov.au/Publications/Annual‐reports/Annual‐Report‐2021.aspx
2 Coombe J, Harris ML, Wigginton B, Lucke J, Loxton D. Contraceptive use at the time of unintended pregnancy: Findings from the Contraceptive Use, Pregnancy Intention and Decisions study. Aust Fam Physician 2016; 45(11): 842-848.
| Crossref | Google Scholar | PubMed |
3 Roy RN, Bradecich A, Dayne N, Luna A. The Transition to Motherhood: The Experiences of College Student-Parents. J Fam Consum Sci 2018; 110(3): 48-57.
| Crossref | Google Scholar |
4 International Confederation of Midwives. Philosophy and Models of Care. 2014. Available at https://internationalmidwives.org/our-work/policy-and-practice/philosophy-and-model-of-midwifery-care.html
5 Fahy K. What is woman-centred care and why does it matter? Woman Birth 2012; 25(4): 149-151.
| Crossref | Google Scholar | PubMed |
6 Department of Health. Clinical Practice Guidelines: Pregnancy Care. Canberra: Australian Government Department of Health; 2020. Available at https://www.health.gov.au/resources/pregnancy-care-guidelines
7 Australian College of Midwives. Midwifery Philosophy. 2021. Available at https://www.midwives.org.au/what-midwife
8 Nursing and Midwifery Board of Australia (NMBA). Midwife Standards for Practice. 2018. Available at https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/professional-standards/midwife-standards-for-practice.aspx
9 Holmes AV. Establishing successful breastfeeding in the newborn period. Pediatr Clin North Am 2013; 60(1): 147-168.
| Crossref | Google Scholar | PubMed |
10 Nagel EM, Howland MA, Pando C, Stang J, Mason SM, Fields DA, Demerath EW. Maternal Psychological Distress and Lactation and Breastfeeding Outcomes: A Narrative Review. Clin Ther 2022; 44(2): 215-227.
| Crossref | Google Scholar | PubMed |
11 Lawrence RA. Breastfeeding and Return to Work or School. In Lawrence RA, Lawrence RM, editors. Breastfeeding, 9th edn. Elsevier; 2022. pp. 611–627. 10.1016/B978-0-323-68013-4.00018-3
12 Guendelman S, Kosa JL, Pearl M, Graham S, Goodman J, Kharrazi M. Juggling work and breastfeeding: effects of maternity leave and occupational characteristics. Pediatrics 2009; 123(1): e38-e46.
| Crossref | Google Scholar | PubMed |
14 Erlingsson C, Brysiewicz P. A hands-on guide to doing content analysis. Afr J Emerg Med 2017; 7(3): 93-99.
| Crossref | Google Scholar | PubMed |
15 Australian Government. Fair Work Act 2009. Federal Register of Legislation; 2021. Available at https://www.legislation.gov.au/Series/C2009A00028
16 Australian Government. The Sex Discrimination Act 1984. Federal Register of Legislation; 2014. Available at https://www.legislation.gov.au/Details/C2014C00002
17 Australian Government. Anti-discrimination Act. Attorney Generals Department; 2023. Available at https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/australias-anti-discrimination-law
18 Government of Western Australia, Department of Justice Parliamentary Counsel’s Office. Occupational Safety and Health Act 1984. 2021. Available at https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_s53161_currencies.html
19 Australian Government. Taking parental leave. Fair work Australia. 2023. Available at https://www.fairwork.gov.au/leave/maternity-and-parental-leave
20 Australian Human Rights Commission. Pregnant and Productive: It’s a right not a privilege to work while pregnant - Report. 1999. Available at https://www.humanrights.gov.au/pregnant-and-productive-its-right-not-privilege-work-while-pregnant
21 Australian Human Rights Commission. Pregnancy Guideline. 2001. Available at https://humanrights.gov.au/our-work/sex-discrimination/publications/pregnancy-guidelines-2001
22 Government of Western Australia. Industry Regulation and Safety. Department of Mines; 2023. Available at https://www.commerce.wa.gov.au/worksafe
23 Government of Western Australia. Manual tasks for pregnant workers. 2014. Available at https://www.commerce.wa.gov.au/worksafe/manual-tasks-pregnant-workers
24 Queensland Industrial Relations Commission. Public Service Award – State 2012. 2013. Available at https://qed.qld.gov.au/workingwithus/induction/centralandregionaloffices/Documents/q0350_q0110_190213.pdf
25 Australian Government. Parental leave pay; Keeping in touch days. Services Australia; 2021. Available at https://www.fairwork.gov.au/leave/maternity-and-parental-leave/when-on-parental-leave/keeping-in-touch-days
26 Australian Government. Pregnant employee entitlements. Fair work Ombudsman; 2023. Available at https://www.fairwork.gov.au/leave/maternity-and-parental-leave/pregnant-employee-entitlements
27 Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). RANZCOG’s Parental Leave Policy. 2021. Available at https://ranzcog.edu.au/news/ranzcog-parental-leave/
28 Australian Nursing and Midwifery Federation (ANMF). Industrial: Parental Leave. 2014. Available at https://www.anmf.org.au/pages/parental-leave
29 Australian Human Rights Commission. Supporting Working Parents: Pregnancy and Return to Work National Review – Report. 2014. Available at https://humanrights.gov.au/our-work/sex-discrimination/publications/supporting-working-parents-pregnancy-and-return-work
30 Tierney O, Sweet L, Houston D, Ebert L. The Continuity of Care Experience in Australian midwifery education—What have we achieved? Women Birth 2017; 30(3): 200-205.
| Crossref | Google Scholar | PubMed |
31 Brown V, Nichols TR. Pregnant and parenting students on campus: Policy and program implications for a growing population. Educ Policy 2013; 27(3): 499-530.
| Crossref | Google Scholar |
33 Fabel M. Maternity leave and children’s health outcomes in the long-term. J Health Econ 2021; 76: 102431.
| Crossref | Google Scholar | PubMed |
34 Schaber R, Kopp M, Zähringer A, Mack JT, Kress V, Garthus-Niegel S. Paternal Leave and Father-Infant Bonding: Findings From the Population-Based Cohort Study DREAM. Front Psychol 2021; 12: 668028.
| Crossref | Google Scholar | PubMed |
35 Shankar N, Park C. Effects of stress on students’ physical and mental health and academic success. Int J Sch Educ Psychol 2016; 4(1): 5-9.
| Crossref | Google Scholar |
37 Godfrey I, Rutledge L, Mowdood A, Reed J, Bigler S, Soehner C. Supporting Student Retention and Success: Including Family Areas in an Academic Library. Libr Acad 2017; 17(2): 375-388.
| Crossref | Google Scholar |