In Australia, not everyone is entitled to maternity leave. Maternity leave entitlements are typically available to employees who meet certain eligibility criteria. You can take maternity or paternity leave when:
- You give birth
- Your partner gives birth
- You adopt a child aged 16 or less
Most Awards and enterprise agreements offer maternity leave. This leave is often unpaid, however, some awards and agreements also offer paid maternity leave. You may also be able to access the government’s Paid Parental Leave Scheme and other types of leave related to having or adopting a child.
Maternity leave became standard in 1971 after a long union campaign. Now known as parental leave, the union movement also helped to secure parental leave for casuals in 2001. Our movement continues to campaign to protect and extend the rights of employees who are having or adopting a child.
The Federal Government’s Paid Parental Leave Scheme provides up to 18 weeks of paid leave if you are having or adopting a child. If you are eligible for this payment, you will be paid the minimum wage while you are on the scheme, not your usual salary. To be eligible you must:
- Be the primary carer of a newborn or newly adopted child
- Have earned less than $151,350 in the last financial year
- Not be intending to do any paid work while you are receiving the Paid Parental Leave payment
- Be able to meet the criteria of a number of income, employment and residency tests
If you are eligible for the Paid Parental Leave Scheme, you still have the right to take up to 12 months of unpaid leave from your work. There is nothing to stop you accessing both at the same time.
To be eligible for maternity leave in Australia, you generally need to:
- Be an employee: Maternity leave is typically available to employees, including full-time, part-time, and some casual employees. Independent contractors and self-employed individuals may not be eligible.
- Have worked for your employer for a certain period: The specific requirement may vary depending on the circumstances, but generally, you need to have been employed by the same employer for at least 12 months prior to taking maternity leave.
- Intend to return to work: You usually need to have the intention to return to work after your maternity leave period ends.
- Give notice to your employer: It is generally required to provide your employer with notice of your intention to take maternity leave. The notice period may vary, but it is typically several weeks before the expected start of the leave.
It’s important to note that maternity leave entitlements can be subject to further conditions, such as providing medical certificates or documentation related to pregnancy or adoption. Additionally, specific entitlements may vary based on factors like the size of the employer and any applicable collective agreements or employment contracts.
To get the most accurate and up-to-date information about maternity leave entitlements in Australia, I recommend consulting the official websites of the Fair Work Ombudsman (www.fairwork.gov.au) or the Department of Human Services (www.humanservices.gov.au), or speaking with your employer or a relevant employment law professional.