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Maternity leave entitlements in Australia

Pregnant woman on a work laptop looking at maternity leave entitlements in AustraliaNot sure whether or not you’re entitled to maternity leave or parental leave?

Maternity leave entitlements in Australia are determined primarily by Federal Government regulations.

State Government laws and individual employer policies are also applicable and can vary widely, which means this information is more of a starting point – so make sure you confirm the details for your individual situation with your employer.

IMPORTANT: If you’re eligible for Parental Leave Pay from the Government – you’re not automatically entitled to maternity leave from your employer. These are separate issues – one is a payment only and one is time off work – and you’ll need to sort out both. Read more about Parental Leave Pay to see if you’re eligible.

Are you entitled to maternity leave?

The following is a summary of the main maternity leave eligibility requirements and conditions, as set by the Federal Government.

  • You must have worked continuously for one employer for 12 months in full-time, part-time or in some cases casual employment.
  • You can begin leave up to 6 weeks before you are expected to give birth (i.e. in week 34 of your pregnancy) – or earlier if agreed upon by your employer. If adopting or or your partner is having a baby, you can start leave the day of the birth/adoption.
  • You can take 52 weeks of unpaid parental leave – this applies to either parent, if both are working and are eligible (although only 8 weeks can be take at the same time). If your partner has not taken their share of unpaid parental leave, you can apply for a further 52 weeks straight after the first lot.
  • You must advise your employer in writing as soon as you can when you expect to take leave, and no later than 4 weeks before the start of your leave.
  • If required by your employer, you must provide a medical certificate confirming your pregnancy no later than 10 weeks before the due date, and also provide a statutory declaration stating you will be the primary care giver and that you will not do anything inconsistent with their employment contract while on leave.
  • When returning to work, or requesting a further 52 weeks of leave, you must give 4 weeks written notice (for leave longer than 4 weeks). For requests for further leave, your employer must respond within 21 days saying yes or no, and providing valid reasons if no.
  • You can generally return to the same position you held before you went on maternity leave, or if that position doesn’t exist anymore, you are entitled to another position similar in status and pay.
  • The Fair Work Act 2009 ensures that same sex de facto relationships are recognised for unpaid parental leave entitlements.

 

READ: See our Maternity Leave Checklist for points to consider and questions to ask.

While State governments must comply with Federal regulations, they also have their own specific information and requirements – meaning the documents required and the application process may vary across different states. Some states have sites and information sheets dedicated to maternity leave and parental leave, while others refer back to federal law.

Employers must stick to federal and state government regulations, but some may have their own policies in regard to maternity and parental leave. These can vary widely, with some employers being much more generous than others.

  • Check your company policy and employment contract and discuss your personal situation with your employer.
  • Leave is generally unpaid unless your award, contract, or company policy states otherwise.
  • If you do not comply with some of the above regulations, such as being employed for 12 months first, you can still negotiate with your employer to potentially take maternity leave – though your employer has the right to say no.
  • You may be able to combine paid annual leave with unpaid maternity leave.
READ: Our easy-to-understand guide to government family benefit payments

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45 comments so far -

  1. Hi

    I am confused as to whether I am entitled to both payments through the QLD government and my employer. Can I use one lot of leave IE Qld Government paid parental scheme and then my employers?

    I have included the blerb from the EBA below

    An employee eligible for parental leave under the NES and the Paid Parental Leave Act 2010 is also entitled to a paid component of leave connected with the birth or adoption of their child. Female employees are entitled to a paid continuous period of 18 weeks’ maternity/adoption leave. Male employees are entitled to a paid continuous period of 2 weeks’ paternity/adoption leave.

    (3) Full-time and part-time employees shall receive, during the paid component of their leave, their full wage including any regular allowances, loadings and regularly rostered overtime. Eligible casual employees shall receive an amount equivalent to their weekly earnings, averaged over the past 12 months.

    (4) The employer may off-set payments made pursuant to the provisions of the Paid Parental Leave Act 2010 against this clause. That is, the employer is entitled to deduct the amount of any weekly parental leave payment made by the government from the amount the employer is obliged to pay the employee in accordance with this clause.

    • Hi Zoe!
      Thanks for your question and congrats on your pregnancy.

      That blurb is quite confusing but I think what it says is that if you’re eligible for the Government’s Parental Leave Pay they can deduct that amount from the amount they pay you.

      So on one hand, you’re not really getting both payments because they’re saying they can reduce their pay.

      But I guess on the other hand, you could think of it as them ‘topping up’ the Parental Leave Pay so you receive your full wage. Many companies offer no paid component at all and they’re not obliged to by law.

      If I were you though I’d put in a call to Fair Work Australia to see if that’s how they interpret this and to see if that’s a normal practice. 13 13 94. They’re open 8am – 5.30pm Monday to Friday

      Sorry I couldn’t be of more help. Please feel free to ask more questions if you need.

      All the best x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  2. Hello,
    My wife is a RN at public (government) hospital in NSW.
    She’s applied for maternity leave already and it’s been approved. (1 year)
    But we’ve decided to cancel because of financial reasons and she will just use her annual leave for recovery.
    She’s been told that it can’t be cancelled and she much take maternity leave (didn’t say how long).
    Is this allowed? Is it because it’s part of the nsw government?

    • Hi Leo. Thanks for your question and congrats on becoming a dad to be!

      I haven’t heard of this happening before and I do have a couple of questions.

      Were they offering PAID maternity leave? For the full 12 months or only part?

      When does your wife want to return to work.

      Have they told her she can’t return to work earlier than 12 months?

      Thanks!

  3. Hi,
    my partner runs a small business and wishes to return to work as soon as she can after our child’s birth . As a small business owner, she is not eligible for paid Maternity leave. My employer has paid maternity leave for up to 14 weeks and I’m wondering why as my child’s father, why I can’t take ‘maternity leave’ and be the primary carer instead of my partner. Is there a reason Men can’t take maternity leave instead of the mother??

    • Hi Chris! Thanks for reading and thanks for your question. Congratulations on the impending birth! Very exciting.

      So, maternity leave is an entitlement that is not gender specific. So men can most definitely take maternity leave or parental leave. However, when I talk about maternity leave in that sense it is the LEAVE that you’re entitled to. This leave is a right protected by law and it is unpaid leave. Both parents can have up to 8 weeks of unpaid leave at the same time and the primary carer is entitled to at least 12 months off (with the guarantee that their job is there for them when they return).

      However some employers, such as yours, offer their employees PAID leave to help fund (at least partly) this time off. The details of paid leave differ from company to company. It depends on your award/contract etc so you’ll have to double check with your company on the exact details of their policy. I would imagine that it would also have to be non-gender specific. If you’re the primary carer I would think that you’d be eligible for this paid leave – just as you’d be entitled to take the 12 months off. If they offer it only to female employers I would think that would be discrimation based on your gender.

      So if I were you I would definitely be asking your HR dept about the details of their maternity leave policy.

      ALSO – is your partner eligible for the Government’s Parental Leave Pay scheme? If she is (and small business owners can still apply) but she wants to return to work she can transfer the remaining balance of the Leave Pay over to you (if you become the primary carer and if you’re also eligible). That would definitely be worth looking into as well.

      So there’s a lot more detail to all the things I’ve talked about above so here are a few links to check out:
      Fair Work Australia Parental Leave: https://www.fairwork.gov.au/leave/maternity-and-parental-leave
      More about the Government Parental Leave Pay: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

      Hope that makes sense. If you have further questions please do not hesitate to ask. All the best!

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  4. . Not sure if anyone can help or point me in right direction.
    I have just lodged a partner leave request for the 1st of december for 2 weeks at my current work place. Due to the fact we are expecting baby numer 2 on the 1st.
    This has been rejected and the reson given is that due to resources and work load its not possible.
    I wanted to know if my employer can legally do this?? Ive given more than 10weeks notice and I have been of fulltime employment for 4years.
    Any help.or advise would be great.
    Thanks in advance
    Kiah

    • Hi Kiah!
      Thanks for your question. Sorry to hear that this has happened. Not what you need right now.

      I am not an expert on this so my advice to you is to contact Fair Work Australia to get their advice.

      It is my understanding that both parents are entitled to take parental leave (at least 12 months unpaid actually – and eight weeks at the same time as each other). So I think it is your right to take parental leave (which is unpaid – and then apply for the Government’s Dad and Partner Pay to help fund this time off – hopefully you’d be eligible for that).

      But best to talk to Fair Work. Such a shame that your employer has put you in a position where you have to fight to have two weeks at home with your new baby at such an important time. Here are their details: https://www.fairwork.gov.au/contact-us/call-us

      Good luck. Take care!

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  5. Hi,

    Im a nurse working in a private clinic in Victoria for the past 5 years and there is no maternity leave in my contract. Am I entitled to anything at all?

    • Hi! Thanks for reading and thanks for your question.

      You’d certainly be entitled to maternity leave, but sounds like there’s no PAID maternity leave there for you.

      The difference is that Fair Work Australia stipulates that all full-time employees (and long-term casuals) are able to take maternity leave – at least 12 months off work and the right to return to the same job, conditions and pay as when you left — if they’ve worked for their employer for at least 12 months. But unfortunately not all employers offer a payment to go along with this.

      You should however look to see whether you’d be eligible for the Government’s Parental Leave Scheme. If you’ve worked for that amount of time you should meet the work test. They also look at your income and residency to see whether you’d be eligible.

      Without knowing more about your situation I can’t say whether or not you would be eligible but there’s more information about this in another one of our articles: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

      Have a look at that to see whether you think you might be eligible. There are also ongoing payments to help with the cost of raising children so you should also look at Family Tax Benefits.

      Your partner might also be eligible for two weeks of Dad and Partner Pay.

      Feel free to ask further questions or clarify any details so that I may be able to be more specific.

      All the best x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  6. Hey I’ve started my new job around the middle of March this year and I’m now 8 weeks pregnant ,my baby will be due around early March next year ,so technically I’ll be working 11 months before the baby is due ,am I still entitled for parental leave pay? Even tho I haven’t been employed for 13 months?

    • Hi Lala. Thanks for your question and congrats on your pregnancy.

      It sounds like you’ll meet the Work Test for Parental Leave pay. You only need to have worked for 10 months (sometime within the 13 months). So as long as you meet the other criteria (residency requirements, income test etc) sounds like you’ll be right.

      All the best!

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

    • Hi,

      I have started at my new job with company X, in Australia from May 7, 2018. My due date is on Oct 29, 2018. Before this I was employed in Singapore for more than 12 months with a different company Y.

      Please can you let me know if am eligible for parental leave pay from the AU government.

      -Best wishes

      • HI Mamabear. Thanks for reading and congrats on your pregnancy.

        If you’ve worked for at least 10 months within the 13 months before your due date (so from September 29 2017- October 29 2018) and have worked for at least 330 hours within those 10 months within more than 8 weeks between two working days then you should meet the work test.

        You can still meet the work test even if some of the work was done overseas.

        You will also though have to meet other criteria such as the income test and the residency requirements.

        Hope this helps. Please come back if you have further questions.

        Take care x

        — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

        • Hi,

          Thank you for your response. I was working in Singapore from January 2017-April 2018 with a different company. Then joined my current company in Australia in May 2018. Will I still be eligible?

          How can I take the work test? Is there a link that can be shared please?

          Highly appreciate all your help on this.

          Warm regards

          • Hi Mamabear.

            It sounds like you will be eligible for the payment (as long as you meet all the other criteria) as it doesn’t matter if you work for two or more different employers (and overseas work counts too).

            You don’t actually ‘take’ the work test. It is just the criteria you need to meet to be eligible. This is it:

            To meet the work test you must: have worked 10 of the 13 months before the birth or adoption of your child, and
            330 hours in that 10 month period (just more than one day a week) with no more than an 8-week gap between two consecutive working days. You may be eligible if you work full-time, part-time, casually, seasonally, as a contractor or for yourself.

            There’s more information on the Parental Leave Pay here: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

            The other thing to note though – if you have only been with your employer since May they may not be able to offer you maternity leave. This is just the time off work (nothing to do with the government Parental Leave Pay) and your entitlement to return to the same job once your leave is up. To be entitled to maternity leave you must be with that employer for at least 12 months. If you’re planning on taking time off and returning to that same job you’ll have to have a work to your employer about how you might be able to do that. There is flexibility there and they’re able to offer it to you if they want to.

            Hope this all makes sense. Please come back if you have further questions.

            All the best!

  7. Hi, I have just found out that I am 5 weeks pregnant. Due date 15th of March 2019. I am a public servant working on a casual contract since January 2018 working full time hours. We have recently gone through a restructure and were advised in May that we have perminant full time positions…. however our contracts have been delayed. By the time my baby is born I would of been with the business in excess of 12mths in the same role working full time hours. My concern is that due to government red tape and a delayed contract I will miss out on paid maternity leave from my employer? What can I do???

    • Sorry I forgot to mention that my employers requirements for maternity leave is 10 moths, not 12 months…. Thanks again!!!

    • Hi Mel. Thanks for your question and congrats on your pregnancy.

      As far as I can see, I would think you’d still be eligible. To be entitled to maternity leave (unpaid) you don’t necessarily have to be working in a permanent full-time position. But is it your employer’s requirement that they only give it to permanent full-time staff?

      Without knowing more details, I’m not sure what to advice.

      I think your next step is to get a copy of your employers paid maternity leave policy and then perhaps call Fair Work Australia to see what they think of the policy and of your chances of receiving paid maternity leave.

      Here’s some more info from Fair Work: https://www.fairwork.gov.au/leave/maternity-and-parental-leave

      You will still meet the work test for the government’s Parental Leave Pay scheme so, if you meet the other criteria (residency requirements, income test etc) then you will probably be eligible for that payment. You can receive this as well as your employer’s pay.

      Sorry I couldn’t be of more assistance. If you have further questions please feel free to ask. Take care x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  8. HI, Due to a bad pregnancy ive had to leave my job on leave earlier then expected. I am currently on long service leave until the 6th August. However i cant not begin government payments until the baby is born, due 19th september, my question is, who pays the 6 weeks maternity leave between August and september and how do i go about getting those payment? Im so confused!

    • Hi Zoe! Congrats on your pregnancy — sorry to hear that things haven’t been going smoothly for you.

      Maternity leave is usually unpaid which means that it is up to the individual to budget for it/fund it. Which isn’t particularly helpful information right now! Sorry!

      So, I’m trying to think of what might be helpful but it is hard without knowing more about your circumstances. But here are a few ideas.

      I not sure about your financial situation etc but you might be eligible for Newstart – if you receive Newstart while you’re pregnant you’re exempt from the mutual obligation requirements for the six weeks before your baby is born. So you wouldn’t have to be looking for work.

      If that’s not an option and you’re worried about how you’ll pay your mortgage for example- you could speak to your bank about freezing your repayments for a few months. You might be able to do this with other lenders as well.

      Do you have any other leave owing to you from work? Sick leave or annual leave?

      I would also make sure you apply for parental leave pay online before your baby is born – that way you’ll only have to supply the proof of birth to complete the application. This could mean quicker processing times too, so you receive your Parental Leave Pay sooner.

      I’m sorry that I didn’t have better news for you! Please let me know if you have further questions! All the best x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  9. Hi, I started a new permanent position in January 2018 and found out I was expecting with baby due end of August 2018. Totally confused as to whether I am entitled to maternity leave from my employer ( don’t think so – I know they don’t have any maternity pay provision) or whether I am entitled to any other unpaid parental leave or leave type. I am not on any award. I am thinking my only option is to try and negotiate with my employer. Any help gratefully received.

    • Hi Alison! Thanks for your question and congrats on your pregnancy. Very exciting!

      I’m afraid that you are correct – to be entitled to maternity leave from your employer you do need to have worked there for at least 12 months. They might want to still offer it to you however! So there is no harm in you asking them. This is unpaid leave. I’m not sure what other leave type you might be entitled to – you might be able to take any annual leave or sick pay you have accrued.

      You still MIGHT be eligible for the Government’s Parental Leave Pay scheme still – this is completely separate to maternity leave entitlements. However I cannot say this for sure because I’m not sure where you were working before this job. To meet the work test you must have been working for 10 months out of the 13 months before your baby’s due date. With this job it is only 8 months but if you were employed in the months prior to starting this job you’d most likely meet the work test.

      There’s more info on Parental Leave Pay in this article: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

      Hope it helps. Sorry I didn’t have better news for you. If you want to ask further questions, please don’t hestitate — we are happy to help x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  10. Hello

    I started on a “Fixed-term contract” with my employer 27th October 2017 to April 2018.
    I Was offered a full-time (permanent) position February 22nd 2018 to commence on the 1st of March 2018. I have recently found out that I am pregnant and my due date is February 4th 2019.
    Am I eligible for Maternity leave and pay as I would have worked a total of 4 months on a fixed term contract and only 11 months on a full-time basis.

    • HI Tia. Thanks for reading and congrats on your pregnancy.

      I would say that you’d meet the work test for the government’s Parental Leave Pay. You don’t have to be in the same job to meet this criteria. You just have to have worked for 10months out of the 13 months before your due date. You can’t have more than an eight-week gap between two working days and you must have worked for at least 330 hours in those 10 months.

      In terms of maternity leave from your employer, I would hope that you’d be entitled to that because you have worked for them for at least 12 months (even if some was on contract) but I’m not sure about the terms of the contract position etc. The good thing is that employers DO have a bit of discretion with this. If they value your contribution but you haven’t worked there for the 12 months they are still able to offer you maternity leave if they want to, even if technically you’re not entitled.

      When you’re ready to chat to them about your pregnancy and your plans, you’ll have to discuss with them.

      Hope this helps somewhat. If you have further questions, feel free to ask. All the best x

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  11. Hi,
    My partner started a new job in Jan 2017 and has now fallen pregnant with the baby due in Jan 2018.

    As she hasn’t been in her current role for 12 months I understand she won’t be able to apply for the employer paid parental leave.

    My question is, we will request the government paid parental leave to begin with for the first 10-12 weeks but then is it possible to move to the higher employer paid parental leave at the 1 year mark? Or is that not considered working for the entire year?

    Thanks

    • Hi Frankie! Thanks for reading and thanks for your question. Congrats on the pregnancy. Very exciting times ahead.

      This is something that your partner might have to chat to her employer about. I think really that she’s not entitled to leave because she wouldn’t have been there for the full 12 months. But it really is something that the employer can consider. It is within their power to offer it to her even if she hasn’t been there that long. I suppose it depends on the company (a bigger company might not be very flexible with the rules) but it does warrant having a conversation with HR (when she’s ready to tell them about the pregnancy). They might just value her enough to want to keep her on, and do what they can to ensure she returns. When I fell pregnant with my firstborn, the company I worked for at the time allowed my to take maternity leave even though I’d only been there for 8 months (however it was unpaid leave so not much affect on them either way).

      Hope it all works out for you. Please let me know if you have further questions. All the best!

      — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  12. Hi
    I am currently on mat leave and am returning back to work on a part time basics 24 hours a week (3days a week)
    I have been on this current job for 4 years.
    My question is, how long do I need to return to work before I can go a mat leave again?
    Thanks

    • Hi! Congrats on your new baby. Thanks for your question.

      Usually to be entitled to the 12 months maternity leave you must have worked with your employer for 12 months. However, if you return to work and fall pregnant again you don’t have to work for another 12 months before you can take another period of parental leave with that same employer.

      If you started work with a new employer you will need to work with THAT employer for at least 12 months before you can take parental leave.

      I’m not sure if the fact that you’re returning to part-time work makes any difference to that fact or not. It might be worth checking with Fair Work Australia to see where you stand there. The number is 13 13 94 – open 8am – 5.30pm Monday to Friday.

      Also be mindful of the criteria for the Government’s Paid Parental Leave scheme if you’d like to apply for that next time. You don’t have to stay with the same employer to be eligible but you need to have worked for 10 out of the 13 months before the due date to be eligible (paid maternity leave and periods of Parental Leave Pay CAN count towards this if it falls within those 10 months).

      Hope this helps. Please come back if you have further questions. All the best x

      • Thank you for the reply, it helps.
        However if I take parental leave again am I entitled to paid parental leave for 18weeks?
        I have received mixed answers and am not really sure.
        Thank you

        • Hi – happy to help. You are able to receive the full 18 weeks of the Government’s Parental Leave Pay, for a second child — as long as you meet all the criteria ie. you’ll have to have worked for 10 months out of the 13 months before that baby’s due date etc.

          What have others told you? That you can’t receive it for a second child? Or that you can’t get as much?

          • Hi
            Thank you for replying.
            One person said the same thing, another said I am entitled to full amount as long as I’m in the same company and didn’t matter the amount of time I am working.
            The last one said I’m only entitled to a minimum amount.
            Thanks

          • Hi – sounds like they’re all confused, so it is no wonder you’re confused 🙂

            It is a bit confusing because Parental Leave Pay (as in the government payment) does have different rules from maternity leave (as in the time you can take off work, while they hold your job for you).

            So in terms of Parental Leave Pay you can claim again but you do have to meet the work test and everything again, just like the first time. You DON’T have to stay with the same employer – any work, anywhere will count (and periods of Parental Leave Pay also count as work).

            But in terms of maternity leave you DO have to be with the same employer BUT you don’t have to wait another 12 months before taking leave again. If you DID switch employers you would have to be there for 12 months before you’re entitled to maternity leave again.

            Does that help clear things up? Are you pregnant already or just trying to work out where you’d stand if you did fall pregnant again soon? And how long ago did you receive the last round of parental leave pay from the governement? Lol – that’s a bit personal isn’t it. You don’t have to answer 🙂 Only if you’d like more specific advice.

            Take care x

            — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

  13. Hi,

    I’m currently on maternity leave and my employer is keen to have me back at work a couple of days a week.

    My question is, I am employeed full time if I agree to go back to work a couple of days a week am I still entitled to my full time position up until my 52 weeks?

    • Hi unsure! Congrats on your new baby and thanks for your question.

      Unfortunately I’m also a bit unsure on this one. I would hope that your entitlement remains intact if you do return to work earlier but I really can’t find information on this situation one way or another.

      If I were you I would get in touch with Fair Work Australia to be sure – before heading back to work.

      You can send an inquiry online https://www.fairwork.gov.au/contact-us/online-enquiries

      Or just give them a call: Phone 13 13 94 from 8am – 5.30pm Monday to Friday (except for public holidays).

      Also, keep in mind that if you’re receiving Parental Leave Pay from the government you’re not able to return to work. And if you do so your parental leave pay will stop.

      Sorry I couldn’t be of more help with this! Hope you find your answer.

      Take care x

  14. I worked for a small business since 08 & it was taken over by a large company July 2016, my holiday entitlement was paid out by old boss. I had baby in March 2017, I received notification in Feb from payroll that I was on unpaid maternity leave until mid Feb 2018. I didn’t fill out a maternity leave form but I naively assumed verbal was enough. Every week since this, I received payslip saying I was on the unpaid maternity leave. I only worked one day a week at this job & someone new was hired in April.
    So in past week when I was offered a day at local childcare I contacted work to ask about returning. I was told the position is gone.
    Today I spoke to the head person interstate & they said it was a mistake with payroll & there is no position, someone else has been hired to replace me. Also because I’m only working for the new company less than 12months I have no entitlement to maternity leave. I am disappointed to say the least, especially having received a weekly payslip clearly saying I was on leave. What is your opinion?

    • Hi Perplexed. Wow. What a terrible situation. They ‘technically’ are right – maybe? – in that you were with the new company for less than 12 months but still… they’ve acted terribly and have left you in the lurch.

      If I were you I would definitely be contacting Fair Work Australia to get some advice on this one. To clear up the whole issue about whether or not you’re entitled to take maternity leave – you’ve been with them for long enough and they’ve offered you maternity leave – even if they’re now claiming that it was a mistake.

      It is all pretty disgusting.

      Here’s some info on how to contact Fair Work: https://www.fairwork.gov.au/contact-us/call-us

      All the best. Hope it works out for you! Take care x

  15. If the previous 13 months of employment was in the same position but half of that was in a fixed term contract and the other half as a permanent employee is the employee entitled to maternity leave entitlements?

    • Hi! Thanks for your question!

      I would think you would still be entitled to take maternity leave. The rule is if you’ve worked for them for 12 months or more that you’re entitled to take 12 months off (as unpaid leave) to care for your new baby and you’ve worked for them for longer than that (regardless of whether you were on contract or as permanent).

      You might also be eligible for the government’s Parental Leave Pay so if I were you I would investigate that as well to help fund your time off. More information in this article: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

      All the best x

  16. this is inaccurate. you do not have to have been employed continuously by the same employer:

    To meet the work test for Parental Leave Pay you must have worked for at least:

    10 of the 13 months before the birth or adoption of your child, and
    330 hours in that 10 month period, which is just over 1 day a week, with no more than an 8 week gap between 2 consecutive working days

    • Hi CazW – thanks for reading and for your comment.

      For the Government’s Paid Parental Leave Scheme, that is correct – you do not need to work continuously to be eligible for the 18 weeks of pay.

      But this article is about a person’s entitlement to Maternity Leave – the actual time off work following the birth of a baby (not the leave pay provided by the government).

      And to be entitled to that 12 months maternity leave (often unpaid leave) you do have to be employed by the same employer for at least 12 months – although thankfully this can be negotiated with your employer.

      For information on the Paid Parental Leave Scheme check out this article: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

      • dear sir, a woman residing and working in Australia from many years .she was on PR or TR .now she was pregnant ,whether she is entitle for maternity leave ? is it necessary that she is citizen ?

        • Hi! Thanks for reading and thanks for your comment.

          Visa holders are entitled to the same workplace rights as all other Australians. So if a person has worked full time for a employer for at least 12 months then they are entitled to take maternity leave. Maternity leave is 12 months leave – usually unpaid leave – and the right to come back to the same job and conditions as before.

          You should also check your eligibility for the government’s Parental Leave Pay to help fund this time off work. The Parental Leave Pay is available to permanent residents – so you don’t have to be a citizen. There are other criteria as well. There’s more information here: https://www.bubhub.com.au/hubbub-blog/paid-parental-leave-pay-australia/

          All the best x

          • HI

            I just recently found out that i am pregnant October 2018 and will be due next year July 2019. I I havent worked worked in 2018 due to studying and begin working January 2019 as a high school teacher?

            Would i be eligible to have maternity leave or unpaid maternity leave of up too 12months as i would want to keep my job and return .

            What am i entitled too?

          • Hi Semisi!

            Congrats on your pregnancy and thanks for your question.

            I’m afraid I don’t have much good news though. To be entitled to take 12 months maternity leave you have to be employed with that employer for at least 12 months. The only good thing here is that offering maternity leave is up to the employer’s discretion. Well, they HAVE to offer it if the employer has been there for 12 months but they ARE able to offer it to employers who haven’t been there that long if they want to. So it is still worth asking — they may value your employment and want you to return.

            As far as the government’s Parental Leave Pay scheme you need to have been working for 10 months out of the 13 months before your baby’s due date. The good news is that this could be for multiple employers. So if you’ve done any casual work or worked for home/family business etc prior to starting this new job you may be eligible for this. If you haven’t worked at all though this year then it looks like you won’t be eligible.

            If you’re not eligible you may still be able to receive the Newborn Supplement and Upfront Payment. As well as Family Tax Benefits. There’s more information on all these payments on this page: https://www.bubhub.com.au/hubbub-blog/guide-to-government-family-benefit-payments/

            Sorry I didn’t have better news. Please feel free to ask more questions if you need.

            All the best x

            — follow us on Facebook https://www.facebook.com/bubhub to stay in touch with all things pregnancy and parenting —

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