Understanding maternity leave
In Australia, "maternity leave" is part of the broader parental leave entitlement under the National Employment Standards. It specifically refers to leave taken by birth mothers before and after having a baby.
NES entitlement
- Up to 12 months unpaid
- Can request 12 more months
- Job protection included
- 12 months service required
Special maternity leave
- For pregnancy-related illness
- If pregnancy ends early
- Separate to parental leave
- Unpaid under NES
When to start maternity leave
Birth mothers have flexibility in when they start maternity leave:
Start date options
Working close to due date
If an employee wants to work within 6 weeks of her due date, the employer can request a medical certificate confirming she is fit to work. Without this certificate, the employer can require her to start maternity leave.
Maternity leave payment
Government paid parental leave
- Up to 20 weeks payment
- National minimum wage rate
- Work test applies
- Income test applies
Employer-paid leave
- Varies by employer
- Check employment contract
- May be in addition to government
- Not required by law
Returning to work
- Right to return: To same position or comparable role
- Flexible requests: Can request part-time or changed hours
- Notice required: 4 weeks notice before returning
- Extend or shorten: Can negotiate changes to return date
Common maternity leave mistakes
Not holding the position
Employers must return employees to their pre-leave position or, if that no longer exists, a comparable position with the same pay and conditions.
Making redundant during leave
While genuine redundancies can occur, making someone redundant because of pregnancy or maternity leave is unlawful discrimination.
Refusing flexible work requests
Requests for flexible arrangements (like part-time return) can only be refused on reasonable business grounds with written reasons.
Key takeaways
Maternity leave is protected by law in Australia, giving birth mothers time to recover and bond with their baby while keeping their job secure. Employers must plan for these absences and support employees through the transition.
RosterElf's leave management helps you track maternity leave periods, plan for coverage, and manage the return-to-work process smoothly.
