Maternity/Parental Leave entitlements in Australia
- maternity leave
- paternity and partner leave
- adoption leave
- special maternity leave
- a safe job and no safe job leave
- a right to return to old job
When can you access maternity/parental leave?
- an employee gives birth
- an employee's spouse or de facto partner gives birth
- an employee adopts a child under 16 years of age.
Are you entitled to maternity/parental leave?
- before the date or expected date of birth if the employee is pregnant
- before the date of the adoption
- when the leave starts (if the leave is taken after another person cares for the child or takes parental leave)
- been working for their employer on a regular and systematic basis for at least 12 months
- a reasonable expectation of continuing work with the employer on a regular and systematic basis, had it not been for the birth or adoption of a child.
Employee entitlements for pregnant women
What is special maternity leave?
- she has a pregnancy-related illness or
- her pregnancy ends after 12 weeks because of a miscarriage, termination or stillbirth.
What are ‘safe jobs’ in pregnancy?
Returning to work from maternity/parental leave
- the employee is qualified and suited to work in
- is nearest to their old job in pay and status.