Returning to work after maternity leave: your rights

Important disclaimer

This article provides general information only and is not legal advice. Every situation is different, and your rights depend on your specific circumstances. For advice about your situation, contact the Fair Work Ombudsman or seek legal advice.

Returning to work after having a baby is a major transition. You're juggling new responsibilities, sleep deprivation, and possibly breastfeeding - and you need your employer to support you. The good news is that Australian workplace law gives you strong protections when you return from maternity leave.

This guide explains your rights when returning to work after maternity leave in Australia, including your right to return to the same role, make flexible work requests, receive breastfeeding support, and be protected from discrimination. We'll also cover practical tips for planning your return and what to do if your rights are violated.

Your key rights when returning from maternity leave

Under the National Employment Standards and anti-discrimination laws, you have the following key rights when returning to work after parental leave:

Right to return to the same position

You're entitled to return to the position you held immediately before taking parental leave. If that's no longer available, your employer must offer a comparable position at the same status and pay.

Right to request flexible working arrangements

You can formally request changes to your working arrangements, such as part-time hours, different start/finish times, or working from home. Your employer must consider this request seriously and can only refuse on reasonable business grounds.

Right to breastfeeding breaks and facilities

You're entitled to reasonable paid breaks to breastfeed or express milk, and your employer must provide a private, clean space (not a toilet) if reasonably practicable.

Protection from discrimination

It's illegal for your employer to treat you less favourably because you took parental leave, because you're breastfeeding, or because you have family responsibilities. This includes decisions about promotion, training, redundancy, or changes to your role.

Your right to return to the same role

One of the strongest protections you have is the right to return to the position you held before taking parental leave. This is guaranteed under Section 84 of the Fair Work Act 2009.

What this means in practice

Same position: Your employer must offer you the exact role you held before taking leave, including the same duties, status, and location
Same pay: You're entitled to any pay increases that occurred while you were on leave (such as award rate increases or enterprise agreement increases)
Same conditions: Your employment conditions (such as hours, shift patterns, and benefits) should be the same as before you left

What if your role no longer exists?

If your pre-parental leave position has genuinely been made redundant or no longer exists due to business restructuring, your employer must offer you an available position that meets these criteria:

Nearest in status and pay to your previous position
A position for which you are qualified and capable of performing
Located in the same workplace or nearest to your pre-leave location

Warning signs of discrimination

Your employer may be acting unlawfully if they:

Offer you a lower-status role or reduce your pay when you return
Change your role or responsibilities without your agreement while you're on leave
Claim your position no longer exists but have reallocated your duties to others without genuine restructuring
Pressure you to accept a different role or resign

Mother returning to work after maternity leave discussing flexible arrangements with employer

Your right to request flexible working arrangements

Returning to work after having a baby often requires adjustments to your working arrangements. Under Section 65 of the Fair Work Act, you have a legal right to request flexible work if you're the parent or have responsibility for the care of a child under school age (or under 18 if the child has a disability).

What can you request?

Flexible working arrangements can include:

Part-time hours: Reducing your hours to 3 or 4 days per week
Different hours: Starting later or finishing earlier to manage childcare
Compressed work weeks: Working full-time hours across fewer days
Working from home: Remote or hybrid work arrangements
Job sharing: Sharing your role with another employee
Changes to duties: Adjusting responsibilities temporarily or permanently

How to make a flexible work request

To make a formal flexible work request under the Fair Work Act:

Put your request in writing

Your request must be in writing (email is fine). Include the changes you're requesting, the reasons for the request (e.g., caring for a young child), and the date you'd like the changes to start.

Give reasonable notice

Ideally, make your request at least 4 weeks before you plan to return to work. This gives your employer time to consider and plan for the changes.

Your employer must respond within 21 days

Your employer must give you a written response within 21 days. They must either approve your request or refuse it on reasonable business grounds (and explain those grounds in writing).

Get the arrangement confirmed

If your request is approved, get the new arrangement confirmed in writing, including your new hours, days worked, rate of pay (if changed to part-time), and duration of the arrangement.

Learn more in our comprehensive guide on flexible working requests and what employers can't refuse. Employers can streamline the management of flexible work arrangements using rostering software that accommodates varying schedules and part-time hours.

What your employer must consider

Your employer has a legal obligation to consider your flexible work request genuinely and seriously. They can only refuse on reasonable business grounds.

Reasonable refusal grounds

• Too costly for the business
• Impractical to change work arrangements
• Would significantly impact efficiency or productivity
• Cannot reorganise work among existing staff
• Cannot recruit additional staff
• Would impact customer service significantly

Unreasonable refusal grounds

• "We don't do part-time in this role"
• Personal preference of manager
• Assumptions about your commitment
• Inconvenience without evidence of impact
• Refusal without genuine consideration
• Discrimination based on parental status

What if your employer refuses your request?

If your flexible work request is refused:

1. Check the written reasons: Your employer must explain in writing why they refused on reasonable business grounds. Review whether these reasons are genuinely reasonable.
2. Try to negotiate: Ask for a meeting to discuss alternative arrangements that might address your employer's concerns while meeting your needs.
3. Lodge a dispute: If you believe the refusal is unreasonable, you can lodge a dispute with the Fair Work Commission within 21 days of the refusal. The FWC can assist with mediation.
4. Consider discrimination: If you think the refusal is based on your gender, parental status, or family responsibilities, you may be able to make a discrimination complaint to the Australian Human Rights Commission or Fair Work Commission.

For more details, see our guide on whether employers can refuse part-time hours after maternity leave.

Your right to breastfeeding breaks and facilities

If you're breastfeeding when you return to work, you have specific rights under the National Employment Standards and anti-discrimination laws.

Breastfeeding and expressing milk at work

Paid breaks

You're entitled to reasonable paid breaks to breastfeed or express milk during work hours. What's "reasonable" depends on factors like your baby's age, your work, and the workplace.

Private facilities

Your employer must provide a private, clean space for you to express milk if it's reasonably practicable. This cannot be a toilet. It might be a spare office, meeting room, or designated parents' room.

Refrigeration for storage

Your employer should allow you to store expressed milk in a workplace fridge (or provide a separate fridge) if reasonably practicable.

Discrimination protection

It's unlawful to discriminate against you because you're breastfeeding. This includes refusing breaks, denying facilities, or treating you less favourably because of breastfeeding.

How to discuss breastfeeding needs with your employer

Before you return to work, discuss your breastfeeding needs with your employer:

Explain how often you'll need breaks (typically every 3-4 hours initially)
Ask about available private spaces you can use
Discuss whether your breaks can align with existing break times
Ask about refrigeration options for storing milk
Request flexibility if your baby's feeding patterns change

Practical tip

Many workplaces are supportive of breastfeeding mothers but may not have thought about the practicalities. Approach the conversation positively and suggest solutions. Most employers will work with you to find arrangements that support both your needs and business operations.

Supportive workplace discussion about breastfeeding and parental support

Protection from discrimination when returning to work

Australian law strongly protects you from discrimination based on your parental status, family responsibilities, and breastfeeding. Under the Fair Work Act, Sex Discrimination Act, and state anti-discrimination laws, it is unlawful for your employer to:

Treat you less favourably because you took parental leave
Deny you promotion, training, or development opportunities because you have children
Make assumptions about your commitment or availability based on your parental responsibilities
Harass or make negative comments about you being a parent or breastfeeding
Disadvantage you in redundancy decisions because of your family responsibilities
Pressure you to resign or accept a demotion because you have a child

Learn more about what constitutes unlawful treatment in our guide on pregnancy and parental discrimination examples.

Returning to work part-time

Many parents choose to return part-time after parental leave. While you don't have an automatic right to part-time work, you do have the right to request it formally.

What to include in a part-time work request

Proposed days: Which days of the week you'd like to work (e.g., Monday to Wednesday)
Proposed hours: Total hours per week (e.g., 24 hours across 3 days)
Start and finish times: Your proposed schedule (e.g., 9am-5pm on working days)
Duration: Whether it's temporary or permanent (e.g., ongoing until further notice)
Reasons: Your caring responsibilities (e.g., "I have a child under 5 and need to manage childcare arrangements")

Understanding pro-rata entitlements

When you move from full-time to part-time, your entitlements are calculated on a pro-rata basis. Employers using payroll integration can ensure accurate calculation of pro-rata entitlements and pay rates for part-time employees:

Entitlement	Full-time example	Part-time (0.6 FTE) example
Annual leave	4 weeks (20 days)	2.4 weeks (12 days)
Personal/sick leave	10 days per year	6 days per year
Public holidays	All public holidays off (paid)	Only public holidays falling on working days (paid)
Notice period	E.g., 4 weeks	Same period (e.g., 4 weeks)

Planning your return to work: practical steps

To ensure a smooth transition back to work, start planning well in advance. Here's a timeline to follow:

8-10 weeks before return

• Contact your employer to confirm your return date
• Make your flexible work request in writing if needed
• Discuss any changes to your role or team structure
• Arrange childcare and confirm start dates

4-6 weeks before return

• Discuss breastfeeding arrangements if applicable
• Request written confirmation of your new working arrangements (if approved)
• Ask about any training or updates you'll need when you return
• Plan your first few weeks back (e.g., phased return, reduced hours initially)

2 weeks before return

• Confirm your first day and who you'll report to
• Arrange "keeping in touch" days if you haven't already (to ease the transition)
• Double-check childcare arrangements are confirmed
• Test your childcare routine (trial run of morning/evening logistics)

First week back

• Ease back gradually - don't expect to hit the ground running immediately
• Communicate openly with your manager about how things are going
• Test breastfeeding break arrangements and adjust if needed
• Review your workload and flag any concerns early

Using keeping in touch days

You can work up to 10 "keeping in touch" days during your parental leave without losing your Centrelink Parental Leave Pay. Use these days to stay connected with your workplace, attend training, or ease back into work gradually before your official return date. Your employer can't require you to work these days - they must be by mutual agreement. Employers can track and manage these keeping in touch days using leave management software to ensure accurate record keeping.

Key takeaways

You have the right to return to your same position (or a comparable one) after taking parental leave
You can request flexible working arrangements such as part-time hours, different times, or working from home
Your employer can only refuse flexible work requests on reasonable business grounds and must respond in writing within 21 days
If breastfeeding, you're entitled to reasonable paid breaks and a private, clean space to express milk
It's illegal for your employer to discriminate against you because of your parental responsibilities or breastfeeding
Start planning 8-10 weeks before your return and make your flexible work request in writing with enough notice

Returning to work after having a baby is a big adjustment, but you have strong legal protections. If you're experiencing difficulty with your employer or think your rights are being violated, contact the Fair Work Ombudsman on 13 13 94 or seek advice from a union or employment lawyer.

Related resources

Frequently asked questions

Do I have the right to return to my same job after maternity leave?

Yes. Under the National Employment Standards, you have the right to return to your pre-parental leave position. If that position no longer exists, your employer must offer you an available position that is nearest in status and pay to your former position and for which you are qualified and capable of performing.

Can I request flexible work arrangements when returning from maternity leave?

Yes. Parents returning from parental leave have a legal right to request flexible working arrangements under the National Employment Standards. This might include part-time hours, different start/finish times, working from home, or job sharing. Your employer can only refuse on reasonable business grounds and must respond in writing within 21 days.

Can my employer change my role while I am on maternity leave?

Your employer cannot substantially change your role or demote you while you are on parental leave without your agreement. If your role is genuinely made redundant for legitimate business reasons unrelated to your parental leave, your employer must follow proper redundancy procedures and offer suitable alternative positions.

What if my employer refuses my flexible work request?

Your employer can only refuse on reasonable business grounds (e.g., cost, impracticality, impact on customer service). They must respond in writing within 21 days and explain their reasons. If you believe the refusal is unreasonable or discriminatory, you can lodge a dispute with the Fair Work Commission or make a discrimination complaint.

Am I entitled to breastfeeding breaks when I return to work?

Yes. The National Employment Standards give you the right to reasonable paid breaks for breastfeeding or expressing milk. What is "reasonable" depends on your circumstances and workplace. Your employer must also provide a private, clean space (not a toilet) for expressing milk if reasonably practicable.

Can I return to work part-time after maternity leave?

You have the right to request part-time work as a flexible working arrangement. Your employer must genuinely consider your request and can only refuse on reasonable business grounds. If your request is approved, your part-time arrangement should be confirmed in writing with clear hours, days, and pay.