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Work & Family » Parental (maternity & paternity) Leave » Maternity at Work » Maternity leave entitlements

Maternity leave entitlements

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1. Is maternity leave paid leave?

Generally no. You will only receive paid maternity leave if it is provided in your award, enterprise agreement, contract of employment, or company policy. Ask your employer or union, or contact the OIR on 131 628.

2. How long is maternity leave?

In general, you can take up to 52 weeks leave but the leave cannot go beyond your child's first birthday. If your employer agrees, you may extend this period (see question 18). The 52 week leave period will be reduced by the amount of time your partner takes as extended/long paternity leave. This does not apply to the one week short paternity leave taken by your partner at the time of the birth.

If you are employed under an award you may be entitled to request a longer period of maternity leave and/or you and your partner may also be able to take a longer period of simultaneous leave. In 2005 the state and federal Family Provisions Test Cases extended unpaid parental leave entitlements through the award system. The Test Cases provided employees working under an award with a 'right to request' that unpaid parental leave be extended to 104 weeks from the 52 week legal minimum, and that simultaneous unpaid parental leave be increased to eight weeks from the one week guaranteed in state and federal law. It is important to check your entitlements with your employer. If you are told you are not entitled to extend your maternity leave check with the OIR on 131 628.

3. Can I have a longer period of maternity leave if I am having twins or triplets?

No. If however you give birth to two children in the same year, for example, in January and then in November, you are entitled to two periods of maternity leave (see question 10).

4. Do I have to be married to take maternity leave?

No, you can be single, living in a de facto relationship or married.

5. I am 16 years of age. My employer said that I am too young to take maternity leave.

There is no age qualification for maternity leave.

6. Can my employer force me to take maternity leave?

Generally no (but see below as well as question 35). If the baby is born on a weekend you may return to work on Monday if you wish (although you should consult with your doctor about any such decision). Also, it is possible that instead of maternity leave (which is usually unpaid) you may take any other paid leave you are entitled to, for example, long service leave or annual leave.

If you are employed by a 'corporation' (a Pty Ltd company for example) the federal Workplace Relations legislation requires that if you plan to take maternity leave it must be for at least six weeks starting from your child's date of birth. This leave can also draw on any paid leave you have accrued, such as maternity, annual or long service leave. For the purpose of this booklet, a 'corporation' will from here on be referred to as a 'company'.

If you are employed by a company and you have planned to take maternity leave your employer can require you to start your maternity leave up to six weeks before the expected date of birth. If your employer asks you to provide a medical certificate indicating your fitness to remain in your present position, you must provide the medical certificate within seven days.

Your employer can require you to start your maternity leave early if you do not provide the medical certificate within seven days or if your doctor indicates that you will not be fit to continue working in your present position until the expected date of birth.

If you have difficulty booking an appointment with your doctor to obtain the requested medical certificate within the specified time frame, you should tell your employer in writing as soon as possible, and indicate when you will be able to see your doctor to obtain the medical certificate. You should contact your union or the OIR on 131 628 for assistance.

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Date Created: 5 May 2004
Last Reviewed : 17 September 2008

  ©Office of Industrial Relations, NSW Department of Commerce
  McKell Building, 2-24 Rawson Place, Sydney NSW 2000
  Phone: 131 628 (anywhere within NSW)  Fax: (02) 9020 4700
  URL: http://www.industrialrelations.nsw.gov.au