Starting or expanding a family is an exciting life milestone—but it can also be overwhelming without the right support. That’s why it’s essential to understand your rights around maternity leave. Whether you’re planning time off or already expecting, knowing what you’re entitled to helps you prepare both personally and financially. This article breaks down maternity leave rights in Australia, how to apply, and where to turn if your employer doesn’t follow the law.
What Is Maternity Leave?
Maternity leave is the time a mother takes off work to give birth, recover, and care for her newborn. In Australia, this usually includes a combination of:
- Unpaid parental leave under the National Employment Standards (NES)
- Paid Parental Leave (PPL) from the federal government
- Employer-funded leave, if offered through enterprise agreements or contracts
Your Legal Entitlements
Under the NES, eligible employees are entitled to:
- 12 months of unpaid parental leave
- The option to request an additional 12 months
To qualify, you must:
- Have completed 12 months of continuous service with your employer
- Be the primary carer of the child
Government-funded Paid Parental Leave offers up to 20 weeks paid at the national minimum wage.
How to Apply for Maternity Leave
Step-by-step:
- Notify your employer at least 10 weeks before your leave is due to start
- Provide written confirmation of your intended leave and return dates
- Supply evidence, such as a medical certificate or due date confirmation
Your employer is required to confirm the leave arrangement in writing within 21 days.
Rights During and After Maternity Leave
While on maternity leave, you are entitled to:
- Job protection – you must be able to return to the same job or an equivalent one
- Unpaid special maternity leave if pregnancy-related illness occurs
- Keeping in Touch Days – up to 10 days where you can work part-time to stay in the loop
Your employer must not discriminate or disadvantage you due to your pregnancy or parental leave.
Returning to Work After Maternity Leave
You can request:
- Flexible working arrangements (e.g., reduced hours or remote work)
- A gradual return to full-time hours
Your employer must consider your request and can only refuse on reasonable business grounds.
Common Challenges and Union Support
Some workers face:
- Pressure not to take the full 12 months
- Difficulty returning to the same role
- Lack of support for flexible work
- Discrimination before or after leave
If this happens, your union can help. They can:
- Advocate for fair treatment
- Support you in meetings or disputes
- Ensure compliance with the NES and any additional agreements
Maternity Leave Is a Right, Not a Favour
You should never be made to feel guilty for taking time to care for your child. Maternity leave exists to protect both your wellbeing and your job security.
If you’re unsure about your entitlements or believe your rights have been breached, speak to your union or contact the Fair Work Ombudsman. Every parent deserves a confident start to family life.