A data specialist for mining company Whitehaven Coal has been ordered to return to work after her request for an extended six-month unpaid maternity leave was denied by the Fair Work Commission. Jessica Donnelly, who earns $187,000 annually for her specialized skills, had argued her six months of paid leave from the company should not count towards the 12 months of unpaid parental leave available to Australian workers.
Whitehaven Coal stated that Donnelly's return was necessary to alleviate workload pressures on her team and to support the expansion of data analytics for additional mines. Donnelly had informed the company that she was struggling to find adequate childcare for her infant, a difficulty she highlighted when appealing to the Fair Work Commission after her initial request for extended unpaid leave was refused.
Commissioner Paula Spencer ruled that Donnelly's paid and unpaid leave ran concurrently, adhering to Section 79b of the Fair Work Act, which states that paid leave or keeping-in-touch days do not extend the period of unpaid parental leave. The commission also found that Whitehaven had reasonable business grounds for refusing the extension, noting that bringing in a contractor for a short period would be impractical and costly, with onboarding alone estimated to exceed $200,000.
Donnelly had contended that Whitehaven, as a large company, was capable of managing a temporary replacement. She also raised concerns that the company had been dismissive of her childcare challenges, despite her efforts to secure a place since her child's birth.
As a compromise, Donnelly was granted an additional six weeks of leave, allowing her to return to work after her child turns one and can attend a four-day childcare center. She is scheduled to return to her role on September 14. Donnelly works in Whitehaven's remote operations center in Brisbane.