Maternity Leave

How does maternity leave affect my employment conditions and benefits?

Maternity leave does not break the continuity of your service with your employer. However, time away from work will not count towards long service leave or other entitlements such as paid holidays.

Can I take maternity leave if I am employed on a casual basis?

If you have worked for your employer on a regular and systematic basis for at least 12 months, and you have a reasonable expectation of on-going employment, then you are eligible for up to 52 weeks maternity leave.

How long must I have worked for my employer before I can take maternity leave?

You must have worked for your  employer continuously for 12 months at the time you begin your maternity leave.

I have not worked continuously for my employer for 12 months. What type of leave am I entitled to take?

This is something you will have to negotiate with your employer. You may be able to take part of or all of your holidays in advance. You may be able to negotiate a period of unpaid leave.

Can I commence maternity leave before the baby is due?

 Yes. As long as you qualify and you have given your employer all the required written notices.

When I'm about to finish maternity leave, do I need to write to let my employer know I'm coming back to work?

You don't have to contact your employer unless your circumstances have changed, but it's a good idea to give your employer a courtesy phone call.

Can I change my mind about the length of my maternity leave?

You can lengthen your maternity leave once without your employer's consent. You must give at least 14 days notice in writing  that you want to extend your leave. You can shorten your leave if your employer agrees. You must give at least 14 days written notice that you wish to return earlier than you had arranged.

What happens if I have a miscarriage or the baby dies before I start maternity leave?

If you have not commenced maternity leave, the leave is automatically cancelled. However, you are entitled to unpaid special maternity leave or paid sick leave (if you have any available) for as long as your doctor says it is necessary on your medical certificate.

What type of leave do I take if I have a miscarriage or the baby dies after I have started maternity leave?

You are still on maternity leave and you are entitled to stay on maternity leave until the date you told the employer that you would return to work. The employer cannot demand that you return to work beforehand. Try to resolve this matter by negotiation with your employer. If you want to return to work and not remain on maternity leave write to your employer explaining your reason and giving the date you wish to return to work. You must be allowed to return within 2 weeks of your letter.

Your spouse and paternity leave

Can my spouse (including de facto spouse) take paternity leave at the same time I take maternity leave?

No, he cannot take extended paternity leave at the same time you take maternity leave. However, short paternity leave of one week at the time of the baby's birth can be taken at the same time as your maternity leave.

Can my spouse (including de facto spouse) take time off work when I go into hospital to have the baby?

If your spouse (including de facto spouse) is eligible he is entitled to up to 5 days short paternity leave at the time of the birth of the child. If your spouse (including de facto spouse) is not entitled to short paternity leave he may be entitled to personal carer's leave.

Can I use my paid sick leave entitlements for prenatal checkups with my doctor?

There is no law that says that you may use your sick leave for prenatal check ups when you are not sick. If you need to attend a doctor's surgery for a prenatal check up during work time, this is something you should negotiate with your employer.

What is special maternity leave?

Special maternity leave is available for recovery from a terminated pregnancy or an illness related to the pregnancy. It is unpaid leave. It occurs before you have begun maternity leave. Remember if you are entitled to paid sick leave you can take this instead of special maternity leave.

Can I use my sick leave entitlement when I'm on maternity leave?

You can only use paid sick leave while on maternity leave if your employer agrees.

Employer responsibilities

What obligations does my employer have?

Your employer must not dismiss you because you are pregnant, have applied for or on maternity leave. Your employer must grant you leave and provide you with your job back when you return.

If your employer does not meet their obligations under the Industrial Relations Act 1996 (NSW) you can lodge a formal complaint in writing with the DIR Industrial Inspectors.

Can I be dismissed because I'm pregnant or while I'm on maternity leave?

It is unlawful for your employer to dismiss you because you are pregnant or you have applied for or are on maternity leave.