Hospital ordered: Pay up

THE Robina Hospital “unreasonably withheld” a woman’s maternity leave because they claimed she had not been working there long enough.

But a court has disagreed and ordered the hospital to pay Christina Thomas 14 weeks maternity leave.

Magistrate Anna Thacker made the order after Ms Thomas took the Gold Coast Hospital and Health Service to the Brisbane Magistrates Court over its refusal to pay.

“The inevitable conclusion is that the defendant unreasonably withheld (the) claimant’s maternity leave and should have been permitted to comment on March 1, 2016 by granting approval to her application for it,” she said in her decision.

The hospital was ordered to pay Ms Thomas maternity leave for the 14 weeks between March 1 and June 7, 2016.

Ms Thacker’s decision shows Ms Thomas started at the Robina Hospital on February 22, 2015.

The hospital’s policy states a woman must be with the hospital for 12 months before they are entitled to maternity leave.

Ms Thomas gave birth on February 11, 2016 but was on annual leave all of February and did not start maternity leave until March 1.

The hospital argued that because she had the child before completing 12 months service, it was not required to pay maternity leave.

But Ms Thomas argued it was not stated in the policy that the leave must start from the date of the child’s birth. Instead the policy states maternity leave could start anywhere after six weeks before a woman’s due date. She claimed the annual leave was a part of her continuous service.