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Maternity Leave FAQ Sheet
Often asked questions from general practice regarding maternity leave
We often answer questions from practices regarding the application of the Maternity Leave provisions applying to practice staff. Maternity leave conditions are contained within the National Employment standards. The standards can be found in the Fair work Act 2009 (Cwth). The government also announced the new Paid Parental Leave scheme which can apply at the same time as unpaid maternity leave.
What is the basic entitlement for Maternity Leave?
The NES provides that employees with at least 12 months service are eligible for a period of up to 12 months unpaid Maternity leave. An employee may request up to a further 12 months unpaid leave however the employer is not required to grant the leave. A refusal can only be made on reasonable business grounds.
What is required for an employee to apply for parental leave?
To apply for parental leave, the employee must give written notice to their practice. This notice must:
- be provided to the employer at least 10 weeks before they start the leave; and
- tell the employer the start and end dates of their parental leave.
Can sick leave be used when you are on parental leave?
An employee is not entitled to take paid personal/carers leave or compassionate leave while he or she is taking unpaid parental leave. Prior to a period of maternity leave, Special unpaid maternity leave may be taken for reasons such as a pregnancy related illness.
Is there any provision for paid Maternity leave?
There is no provision for paid maternity leave provision under the National Employment Standards. However the federal government has enacted legislation allowing for funded support for those taking unpaid maternity leave. This scheme is detailed below.
What is the new Paid Parental Leave Scheme?
The Australian Government introduced a Paid Parental Leave (PPL) scheme for new parents who are the primary carers of a child born or adopted on or after 1 January 2011. The key elements of the scheme are;
- is government funded
- applies to eligible working parents of children born or adopted on or after 1 January 2011
- can be transferred to the other parent
- is paid at the National Minimum Wage - currently $570 a week before tax
- is for up to 18 weeks
- can be taken any time within the first year after birth.
More information on the PPL is available at www.familyassist.gov.au
Geoff O'Kearney
Director, Workplace and Advocacy Unit
