Fowler-Nembhard’s tragedy prompts Netball Australia to consider changes to Super Netball pregnancy and maternity leave policy
Netball Australia will consider amending the Super Netball pregnancy and maternity leave policy after an unimaginable tragedy highlighted flaws in the system.
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Netball Australia will consider amending the Super Netball pregnancy and maternity leave policy after Fever player Jhaniele Fowler-Nembhard’s tragic miscarriage highlighted flaws in the current framework.
Star shooter Fowler-Nembhard was set to sit out the Super Netball season on maternity leave after confirming late last year she was pregnant with her second child.
Kumwenda will remain on the full-time list until Fowler-Nembhard returns, then take on a training partner role and be available for the Fever’s Super Netball reserves side, after there was a mutual agreement to terminate her PRP contract.
Sounds simple. But the process has been drawn out and complex.
Netball Australia (NA) was hailed as one of the most progressive sporting organisations in the country when it released its groundbreaking parental care policy ahead of the inaugural Super Netball season in 2017.
On offer is up to two years’ income protection, allowances for a child up to 12 months to head to games on the road with a carer, and babysitters at training once the athletes have returned to court.
But the policy does not specifically address miscarriage, stillbirth or the death of a child after birth, nor does it deal with the use of replacement players due to pregnancy.
Without provisions in its own policy, NA is relying on the National Employment Standards (NES) as set out in the Fair Work Act of 2009 to guide them.
When the Fever confirmed Fowler-Nembhard’s miscarriage earlier this year, the club noted its devastation “for Jhaniele, (husband) Ashani and (daughter) Drehannah”.
“We are wrapping our arms around them during this incredibly difficult time,” Fever general manager Sue Gaudion said in a statement.
“Our club will continue to support Jhaniele and her family through the days, weeks and months ahead as they navigate this heartbreaking situation.”
They have done that, putting no pressure on their champion shooter to return, however, Fowler-Nembhard recently started training with the club again and has informed the Fever she wishes to return to the court – her workplace essentially – as any woman returning from pregnancy is entitled to do under the NES.
The situation is a bind for NA and the Fever, not only because there’s a lack of clear guidelines but because all in the sport are keen to wrap their arms around both Fowler-Nembhard and Kumwenda, who uprooted her life and family, moving from Melbourne to Perth with an infant, and who has had to cede her place in the full-time playing list given clubs are only allowed squads of 10.
Kumwenda was contracted as a permanent rather than temporary replacement, given all indications were Fowler-Nembhard would miss the entire 2025 season.
While training partners are usually paid only a stipend of $5000 per season, it’s understood Kumwenda will not be out of pocket despite stepping off the Fever’s full-time list, with NA using the discretion available to them under the Super Netball competition rules to approve her continued payment by the Fever without it affecting the club’s salary cap position.
The situation has highlighted several flaws in NA’s pregnancy and maternity policy provisions, which were groundbreaking when first laid out but have arguably failed to keep pace with the times.
NA and the Fever, with the support of the Australian Netball Players Association (ANPA) have moved through the situation with care, essentially building a road map for the future.
“We are really pleased a fair outcome has been reached for both players,” ANPA boss Kathryn Harby-Williams said.
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Originally published as Fowler-Nembhard’s tragedy prompts Netball Australia to consider changes to Super Netball pregnancy and maternity leave policy
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