Work & Family

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Employees eligible to take maternity leave

Women employed on a full-time or part-time basis who have worked for their employer continuously for 12 months are entitled to take maternity leave. Casuals are also entitled if they have worked on a regular and systematic basis for 12 months and have a reasonable expectation of ongoing employment. You are also an eligible ‘regular casual’ under federal law if you have worked for your employer during a total of 12 months: for example, if you were employed regularly over six months, then there was a break of up to three months when your employer did not require you to work, and then you returned to regular work over another six months.  

Seasonal employees are not entitled to maternity or other parental leave. If you are employed directly by your spouse or parent you are not covered by the provisions described in this booklet.

Your right to take unpaid maternity leave is guaranteed in both state and federal law.  It does not matter how your pay is set (whether by an award, an agreement or a common law contract), whether maternity leave is written in your employment contract or not, or how many people are employed in your organisation. If you meet the eligibility criteria described above, you are entitled to at least 12 months of unpaid maternity leave.

If any of the questions and answers below do not deal with your particular situation please contact your union or phone the OIR on 131 628.