Maternity leave

What Is Maternity Leave?

Maternity leave refers to the period of time a mother takes off work before and after the birth (or adoption) of her child. In Australia, maternity leave is protected under the Fair Work Act 2009, which provides eligible employees with unpaid parental leave, and access to government-funded paid parental leave (PPL) through Services Australia.

Maternity leave plays a crucial role in supporting working mothers as they recover from childbirth, bond with their newborn, and adjust to parenthood without jeopardising their employment.

Services Australia – Parental Leave Pay

Types of Maternity Leave in Australia

In Australia, maternity leave typically includes the following entitlements:

1. Unpaid Parental Leave

• Eligible employees are entitled to up to 12 months of unpaid parental leave.
• Employees can request an additional 12 months (total 24 months), but the employer can refuse this extension on reasonable business grounds.
• Both birth mothers and adopting parents may be eligible.

To qualify, the employee must:

• Have completed at least 12 months of continuous service with their employer prior to the expected date of birth or adoption.
• Be the primary carer of the child after birth or placement.

2. Paid Parental Leave (Government-Funded)

• As of July 2023, eligible parents can receive up to 20 weeks of Parental Leave Pay, increasing to 26 weeks by July 2026.
• This payment is provided by the Australian Government, not employers.
• Pay is based on the national minimum wage and is taxable income.

Paid Parental Leave is intended to support mothers financially while they’re on unpaid leave, allowing them to stay home longer without the pressure to return to work prematurely.

Eligibility Criteria for Paid Parental Leave

To access the government’s paid parental leave, the employee must:

• Be the primary carer of a newborn or newly adopted child
• Have worked at least 330 hours over 10 of the 13 months prior to the birth or adoption
• Have an individual income below the threshold (around $168,865 as of FY24–25)
• Be an Australian resident

Employer Obligations During Maternity Leave

Employers have specific responsibilities under the Fair Work Act:

• Guarantee the employee can return to their same role after maternity leave
• Maintain employee records and ensure entitlements are not lost
• Not terminate, demote, or disadvantage the employee because of pregnancy or taking leave
• Process government Paid Parental Leave through payroll if required (in some cases)

Maternity Leave for Casual Employees

Casual workers are not automatically entitled to unpaid parental leave unless:

• They’ve been employed on a regular and systematic basis for 12 months
• They have a reasonable expectation of continuing work

However, they may still qualify for government-funded Paid Parental Leave if they meet the work test and income test.

Employer-Provided Paid Maternity Leave

While not a legal requirement, some employers offer paid maternity leave in addition to government entitlements. This may include:

• A number of weeks at full or partial pay
• Leave loading or bonuses
• Superannuation contributions during unpaid leave

These terms are usually outlined in the employment contract, enterprise agreement, or company leave policy.

Planning for Maternity Leave

Employees planning to take maternity leave must:

• Notify their employer at least 10 weeks in advance
• Provide a written notice with the expected start and end dates
• Provide medical certificates confirming pregnancy and due date

Employers should:

• Plan workforce needs in advance
• Ensure smooth handovers
• Discuss any flexible work arrangements post-leave

Learn how Microkeeper’s Leave Management Tools support maternity and parental leave tracking.

Returning to Work After Maternity Leave

Employees have the legal right to:

• Return to the same role (or a comparable role if that job no longer exists)
• Request flexible work arrangements, such as part-time hours or remote work
• Take unpaid pre-adoption or special maternity leave if applicable

Employers must respond to flexible work requests in writing within 21 days and can only refuse on reasonable business grounds.

FAQs About Maternity Leave

Can I work while on Paid Parental Leave?

‍You can return to work on a Keeping in Touch (KIT) basis for up to 10 days without affecting your payments.

Can I split my maternity leave into parts?

‍Yes, under recent changes, employees can take parental leave in blocks (in some cases) and combine it with flexible paid parental leave.

Does maternity leave accrue annual leave?

‍Only paid leave accrues annual and personal leave. Unpaid parental leave does not, unless your employer provides otherwise.

How Microkeeper Helps

Microkeeper simplifies maternity leave administration with:

• Leave balance visibility and request workflows
• Integration with payroll for correct pay and record-keeping
• Policy tracking and flexible work scheduling post-leave
• Accurate calculation of super, entitlements, and timesheets

Final Thoughts

Maternity leave is a vital entitlement for working families, offering time to care for a newborn while maintaining job security. Understanding your obligations as an employer—and your entitlements as an employee—is key to creating a supportive workplace culture.

With Microkeeper’s all-in-one HR, payroll, and leave management tools, Australian businesses can confidently support maternity leave while staying compliant with Fair Work and Services Australia requirements.

_{Disclaimer: This content is for informational purposes only and does not constitute legal or financial advice. Please consult the Fair Work Ombudsman or Services Australia for detailed guidance.}