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    Default Maternity leave on a 457 visa?

    Im 10 weeks pregnant and a friend just questioned whether Im legally allowed to take mat leave because the condition of my visa is that Im working.
    Heck.
    Hadn't even considered this, does anyone else have any experiences on this Visa?

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    You have to make the minimum requirement of annual income, then the rest of the time you can have off. So it depends on your income.

    You don't qualify for baby bonus or ppl either.

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    ... and when you do return to work it has to be full time.

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    Hey blissedout,
    Can you let me know your source as I have a pregnant colleague who is now on a 457 and I'd be interested to pass on the details.

    I'd never heard of those restrictions but perhaps it's because my DH is the primary holder andim the spouse. I've been on a 457 since 2006 and had my DS in 2009. I took 12 months LWOP from my full-time role, and have only retuned 2 days per week.

    I had to have a google to find out more and the only thing I could find was this (admittedly not from an immigration site).


    http://info.anu.edu.au/hr/Recruitmen...-resident-visa

    Partially paid and unpaid leave
    457 holders are eligible for unpaid leave and partially paid leave (such as maternity leave).

    It is expected that the intended period of LWOP should not exceed 12 months or the remaining visa period, whichever is shorter. Where the intended period of LWOP does exceed 12 months or the remaining visa period the University should give consideration to the reason for LWOP and how the visa holder is supporting themselves during this period.

    The visa holder may be subject to visa cancellation if the Department is satisfied that they did not have a genuine intention to perform the occupation for which they were nominated or that they have ceased to have a genuine intention to perform that occupation.



    So my reading of that is yes you can take maternity leave.

    Will try to find out more!

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    Hi fellow immigrant here....

    Assume you are the primary applicant of the 457 and not the spouse? If you are, it depends on your income as to how much time you have off. You need to sort of work backwards and calculate it that way, as you need to earn the minimum annual income. Not sure what this is as it changes but will be on the immi site. Any paid maternity leave from your employer could be included of course.

    I would give immi a call just in case anything has changed recently though.

    Good luck!!!

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    Hi Lola, just a close friend who went through this last year.

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    Made in England's Avatar
    Made in England is offline thought it was about time I put something other than 'senior member'...
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    I was going through a 457 application in 2009 when I got pregnant with DD. My migration agent told me I would only be entitled to 3 months maternity leave and then would have to return to full time work straight after. I'm not sure how she worked out the 3 months or if it was the standard amount of leave allowed back then???

    I would give immi a call. They are very helpful and answered a lot questions for me when I was going through my application. I ended up withdrawing my 457 application as I was too sick to work, and applied for the defacto instead.

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    It's always been 12 months since I've been in Oz so maybe the three months was worked out based on her salary i.e that's how long she could have off while still meeting the minimum income threshold?

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    Made in England  (22-01-2012)

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    Made in England's Avatar
    Made in England is offline thought it was about time I put something other than 'senior member'...
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    Quote Originally Posted by kw123 View Post
    It's always been 12 months since I've been in Oz so maybe the three months was worked out based on her salary i.e that's how long she could have off while still meeting the minimum income threshold?
    Yes I think that was right, I remember now. My migration agent worked it out based on my salary. Thanks for jogging my memory!!

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    I just found this (dated dec 2011) which mentions rights to 12 months unpaid parental leave, and rights to claim a further 12 months. Nothing about only taking 3 months leave.http://www.immi.gov.au/skilled/skill...ights-work.pdf

    If anyone has any links to current info, I'd be really interested. I don't want to freak my colleague out by mentioning it to her until I have all the facts. Her DH is here on a visa which allows him to do a few years of his med degree here and her original spouse visa restricted her to working 21 hours per week. She got work to sponsor her 457 so she could go full time, then she finally got pregnant after 2 m/c. So when she goes on maternity leave in June, she'll lose her pay, her LAFHA, and her husband is a student! She doesn't need anything else to stress about!!


 

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