Maternity Leave (Australia)

A statutory entitlement under Australia's Fair Work Act 2009 and Paid Parental Leave scheme, providing eligible employees with up to 12 months of unpaid parental leave (extendable to 24 months) plus government-funded Parental Leave Pay of up to 22 weeks at the national minimum wage, with plans to extend to 26 weeks by July 2026.

TABLE OF CONTENT

What Is Maternity Leave in Australia?
Parental Leave Entitlements at a Glance
Government-Funded Paid Parental Leave
Employer-Funded Parental Leave Policies
Notice and Documentation Requirements
Transfer to a Safe Job and 'No Safe Job' Leave
Australian Parental Leave Statistics [2026]
Returning to Work After Parental Leave
Frequently Asked Questions About Australian Maternity Leave

What Is Maternity Leave in Australia?

Key Takeaways

✓Australia doesn't have a separate 'maternity leave' category in law. The Fair Work Act uses the gender-neutral term 'parental leave,' which covers birth parents, adoptive parents, and partners.
✓Under the National Employment Standards, all eligible employees get up to 12 months of unpaid parental leave, with the right to request an additional 12 months.
✓The government's Paid Parental Leave scheme provides up to 22 weeks of payments at the national minimum wage ($882.75/week in 2024/25), increasing to 26 weeks by July 2026.
✓The income test for Paid Parental Leave was simplified in 2023: the family must earn under $350,000 combined annually (previously an individual income test of $156,647).
✓Many Australian employers offer additional paid parental leave beyond the government scheme, with 14 to 18 weeks of employer-funded pay now common in competitive markets.

Australia's approach to maternity leave has evolved significantly since the Paid Parental Leave scheme launched in 2011. Before that, there was no government-funded paid leave for new parents at all. Today, the system combines two distinct components: unpaid parental leave under the Fair Work Act (up to 12 months, extendable to 24) and government-funded Paid Parental Leave (currently 22 weeks, rising to 26 weeks by July 2026). The legal framework is deliberately gender-neutral. The Fair Work Act refers to 'parental leave' rather than maternity or paternity leave. Both birth parents and their partners are covered, though the Paid Parental Leave entitlement is shared between them. In practice, birth mothers take the majority of the paid leave weeks. The government payment is modest: $882.75 per week in 2024/25, which is the national minimum wage rate regardless of the employee's actual salary. For a woman earning $100,000 per year ($1,923/week), the government payment represents a 54% pay cut. This is why employer-funded parental leave policies matter enormously in Australia's talent market. Companies like the Big Four accounting firms, major banks, and tech companies now offer 16 to 26 weeks of employer-paid leave at full salary on top of the government scheme.

12 monthsUnpaid parental leave entitlement under the Fair Work Act 2009, extendable to 24 months by request

22 weeksGovernment-funded Paid Parental Leave at the national minimum wage (increasing to 26 weeks by July 2026)

$882.75Weekly Paid Parental Leave rate, based on the national minimum wage (2024/25 rate, Services Australia)

10 monthsMinimum work period in the 13 months before birth to qualify for government-funded Parental Leave Pay

Parental Leave Entitlements at a Glance

The full picture involves both the Fair Work Act entitlements and the government-funded scheme.

Entitlement	Duration	Pay	Eligibility
Unpaid parental leave	12 months (extendable to 24)	Unpaid	12 months' continuous service with the employer
Paid Parental Leave (PPL)	22 weeks (26 weeks from July 2026)	$882.75/week (minimum wage)	Work test + family income under $350,000
'Keeping in touch' days	Up to 10 days during leave	Normal pay rate	Both parties must agree
Right to request flexible work	On return from parental leave	N/A	Employer must have 'reasonable business grounds' to refuse
Transfer to safe job	During pregnancy if unsafe	Same pay rate	Must provide medical certificate
Pre-adoption leave	Up to 2 days unpaid	Unpaid	For adoption-related interviews or examinations

Government-Funded Paid Parental Leave

The Paid Parental Leave scheme is administered by Services Australia and funded by the federal government. It has changed substantially since 2023.

Work test

The claimant must have worked at least 10 of the 13 months before the birth (or expected date of birth) and performed at least 330 hours in that 10-month period (roughly one day per week). The work can be across multiple employers. Self-employed work counts. Gaps of up to 12 weeks between work periods don't break the qualifying period. Employees who experience pregnancy complications that prevent them from meeting the work test may qualify for an exemption.

Income test (from July 2023)

The family income test replaced the individual income test in July 2023. The combined family income must be under $350,000 per year. This change expanded eligibility significantly: previously, if an individual earned above $156,647, they were excluded regardless of family circumstances. Under the new test, a couple earning $170,000 each ($340,000 combined) would qualify. The income test uses the previous financial year's taxable income.

PPL schedule: 2024 to 2026

The government is incrementally increasing PPL entitlements. From July 2024: 22 weeks total (20 weeks for the primary claimant, 2 weeks reserved for the partner on a 'use it or lose it' basis). From July 2025: 24 weeks total. From July 2026: 26 weeks total (the full expansion). The partner-reserved weeks encourage shared caregiving and can't be transferred to the primary claimant.

Employer-Funded Parental Leave Policies

The government scheme provides a floor. Many employers build on top of it.

Market benchmarks

In 2024, competitive employer-funded parental leave in Australia ranges from 14 to 26 weeks at full pay for the primary carer. The public sector typically offers 14 to 18 weeks. Financial services, consulting, and tech often provide 18 to 26 weeks. Retail and hospitality tend to offer 6 to 10 weeks if any. Employer-paid leave usually runs concurrently with the government PPL, meaning the employee receives both the employer payment and the government payment during the overlap period.

Superannuation during unpaid leave

Employers aren't required to pay superannuation on unpaid parental leave periods. However, a growing number of companies now pay super contributions during the full leave period as a gender equity measure. The Workplace Gender Equality Agency (WGEA) tracks this, and it's increasingly expected by employees. Not paying super during leave contributes to the retirement savings gap between men and women, which is estimated at 23% on average.

Notice and Documentation Requirements

The Fair Work Act sets out notification timelines that both parties must follow.

Employee notice

The employee must give at least 10 weeks' notice of their intention to take parental leave and the expected start and end dates. At least 4 weeks before the leave starts, they must confirm the actual dates. If the employee wants to change their return date, they must give at least 4 weeks' notice. These timelines apply to unpaid parental leave under the Fair Work Act. The PPL claim to Services Australia has its own separate process and deadlines.

Medical evidence

The employer can ask for evidence of the pregnancy or expected date of birth (a medical certificate or statutory declaration). For a 'safe job' transfer, the employee must provide a medical certificate stating she's fit for work but that it would be inadvisable to continue in her current position due to illness or risks associated with the pregnancy.

Transfer to a Safe Job and 'No Safe Job' Leave

Australia's parental leave protections include specific provisions for pregnant employees whose regular work poses a health risk.

Transfer to a safe job

If a pregnant employee provides a medical certificate saying she's fit for work but her current duties are unsafe, the employer must transfer her to a safe job at the same pay rate and hours. The safe job doesn't need to be at the same level or in the same team, but it must pay the same. If the employee normally works overtime or shifts, the safe job pay is based on the full rate she'd normally earn.

'No safe job' leave

If no appropriate safe job is available, the employee goes on 'no safe job' leave. For employees with 12 months' service, this is paid at the base rate of pay for their ordinary hours. For employees with less than 12 months' service, it's unpaid. This provision prevents employers from simply sending pregnant workers home without pay when their normal role involves physical risks.

Australian Parental Leave Statistics [2026]

Key data points on parental leave patterns and policy in Australia.

22 weeks

Government-funded Paid Parental Leave (increasing to 26 weeks by July 2026)Services Australia, 2024/25

$882.75

Weekly PPL rate at the national minimum wageFair Work Commission, 2024/25

12 months

Unpaid parental leave entitlement (extendable to 24 months)Fair Work Act 2009

180,000+

PPL claims processed annually by Services AustraliaServices Australia Annual Report, 2023

Returning to Work After Parental Leave

The return-to-work framework includes specific rights that HR teams must accommodate.

Right to return to the same position

After parental leave, the employee is entitled to return to the position they held before the leave. If that position no longer exists (due to genuine restructuring), they're entitled to a comparable available position that matches their skills, qualifications, and experience. The pay must be at least equal to their pre-leave rate. 'Comparable' doesn't mean identical. A different team, location, or reporting line may be acceptable as long as the role, level, and pay are equivalent.

Request for flexible work

Employees returning from parental leave have a right to request flexible working arrangements under Section 65 of the Fair Work Act. The employer can only refuse on 'reasonable business grounds.' Since June 2023, employers who refuse must provide written reasons and try to reach agreement on alternative arrangements. If they can't agree, either party can apply to the Fair Work Commission for a determination. This has given returning parents significantly more bargaining power.

Frequently Asked Questions

Can casual employees get parental leave in Australia?

Long-term casuals (those who have worked regularly for at least 12 months) can access unpaid parental leave under the Fair Work Act. They can also qualify for Paid Parental Leave from the government if they meet the work test and income test. Short-term or irregular casuals don't qualify for unpaid parental leave but may still be eligible for the government PPL if they meet the separate work test requirements.

Can the employer refuse the request for an extra 12 months of unpaid leave?

Yes, but only on 'reasonable business grounds.' The employer must respond in writing within 21 days, explaining the reasons for refusal. Valid grounds might include the extended absence would significantly impact the business, a suitable replacement can't be arranged, or the role requires continuous presence. Simply being inconvenient isn't sufficient. If the employee disagrees with the refusal, they can escalate the matter to the Fair Work Commission.

Does Paid Parental Leave stack with employer-funded parental leave?

Yes. The government PPL and any employer-funded parental leave are separate entitlements. An employee can receive both. Most employers allow the government PPL to run concurrently with employer-funded leave, meaning the employee receives two payments during the overlap period. Some employers offset the government payment against their own, but this is becoming less common as competition for talent has pushed employers toward stacking.

What happens if the employee is made redundant during parental leave?

If a genuine redundancy occurs during parental leave, the employer can proceed with the redundancy, but must follow the standard consultation and notice requirements. The employee is entitled to redundancy pay under the National Employment Standards. If the employee believes the redundancy isn't genuine and is connected to the leave, they can make a general protections claim under the Fair Work Act. The burden then shifts to the employer to prove the redundancy was unrelated to the parental leave.

How is parental leave treated for long service leave purposes?

This varies by state and territory. In most jurisdictions, unpaid parental leave doesn't count as service for long service leave accrual, but it also doesn't break continuity. So if an employee takes 12 months of unpaid leave, their long service leave accrual pauses but resumes immediately on return. Paid parental leave (employer-funded) typically does count as service. Check the specific state or territory long service leave legislation for the exact rules.

Written by Adithyan RK

Fact-checked by Surya N

Published on: 25 Mar 2026|Last updated: