Maternity Leave in Australia – Know Your Rights

So, you’re expecting—congratulations! While baby names and nursery themes might be top of mind, it’s just as important to understand your maternity leave entitlements and how to prepare for parental leave without jeopardising your career or income.

Here’s your updated guide to maternity and parental leave in Australia, including what the government provides, what your employer may offer, and how to plan your leave with confidence.

Am I Eligible for Maternity or Parental Leave?

Under the Fair Work Act, you’re entitled to up to 12 months of unpaid parental leave if:

• You give birth
• Your partner gives birth
• You adopt a child under 16 years of age

To qualify, you must have worked for your employer (full-time, part-time or in some cases, regular casual work) for at least 12 months before the expected birth or adoption date.

You may also request an additional 12 months’ unpaid leave, extending your total leave entitlement to 24 months, subject to employer agreement.

What About Paid Parental Leave?

As of 1 July 2023, the Australian Government’s Paid Parental Leave Scheme provides:

• Up to 20 weeks of paid leave at the national minimum wage (currently approx. $882.75 per week before tax)
• Available for both birth parents and adoptive parents
• Shared between parents in a way that suits the family

The government has also committed to gradually extending this scheme to 26 weeks by 2026.

Note: Paid Parental Leave is separate from your unpaid leave entitlement. You can receive both.

Dad and Partner Pay

From 1 July 2023, Dad and Partner Pay was merged into the broader Paid Parental Leave Scheme. Eligible partners can now share in the 20 weeks of leave and payment, with greater flexibility to divide leave days across both parents.

Check your eligibility and plan leave-sharing via the Services Australia portal.

When Should I Tell My Employer?

There’s no legal requirement to announce your pregnancy at a specific time—but if your work is physically demanding, safety-critical, or you’re experiencing health challenges, it’s a good idea to speak up sooner.

Legally, you must provide at least 10 weeks’ written notice of your intention to take parental leave, including:

• Expected leave start and end dates
• Medical certificate (if requested)

You must confirm your leave details in writing at least 4 weeks before starting your leave.

Need help preparing? Use our maternity leave letter template to make the process easier.

When Should I Start Maternity Leave?

This depends on your health, your job, your commute, and how you’re feeling in the later stages of pregnancy. Many parents-to-be choose to start leave 4–6 weeks before their due date—but it’s entirely up to you.

Keep in mind: the sooner you go on leave, the sooner your return-to-work date may come around. You’re entitled to 12 months from the start of your leave—not the birth date—so time it carefully based on your comfort, energy levels, and priorities.

Employer-Paid Parental Leave: What Can I Expect?

Many Australian employers offer their own paid parental leave policies—often in addition to the government scheme. These benefits can be included in:

• Your employment contract
• Award or enterprise agreement
• Company policy documents

Entitlements vary, but can range from 6 to 18 weeks paid leave at full or partial pay, plus added benefits like superannuation contributions and return-to-work incentives.

Tip: Ask HR or review your contract to understand your full entitlements.

How Do I Claim Paid Parental Leave?

Start by logging into your myGov account and linking it to Centrelink.

You’ll need:

• Proof of identity
• Details of your expected due or adoption date
• Employer details (if they’ll administer your payments)

You can claim from up to 3 months before your child is due. You must submit your claim within 12 months of the birth or adoption to be eligible.

Step-by-step instructions for claiming are available on the Services Australia website.

Know Your Rights and Plan Ahead

Welcoming a baby is life-changing—but understanding your parental leave options can give you the peace of mind you need to focus on your growing family. Be proactive:

• Review your employment contract and company leave policies
• Talk with your HR or payroll team early
• Explore your entitlements under Fair Work
• Apply for government support through Services Australia

If you’re planning a career pause or transition post-maternity, consider using your time off to explore flexible online study options to help future-proof your career.