Maternity Leave Entitlements In Australia: Employer And Employee Guide

Maternity leave (often called parental leave) is a key entitlement under Australian employment law - and it’s an area where both employers and employees want clarity from day one.

If you’re an employer, you’ll want a simple, fair and compliant framework for requests. If you’re an employee, you’ll want to know what you can access, how to apply, how government payments work, and what happens when you return.

In this guide, we break down how maternity and parental leave works in Australia - including eligibility, how much leave you can take, how government Paid Parental Leave (PPL) interacts with workplace entitlements, and practical steps to manage the process smoothly. We’ll also point you to helpful documents and policies that set expectations and reduce risk for everyone involved.

What Counts As Maternity (Parental) Leave In Australia?

In Australia, the National Employment Standards (NES) in the Fair Work Act provide job-protected unpaid parental leave for eligible employees when a child is born or adopted. Separately, the Australian Government offers Paid Parental Leave (PPL), which is a government payment to eligible parents. Some employers also offer their own paid parental leave as a workplace benefit.

So when people say “maternity leave”, they may be referring to a mix of:

• Unpaid parental leave under the NES (job-protected leave from work).
• Government-funded Paid Parental Leave (PPL), paid by Services Australia to eligible parents.
• Employer-funded paid parental leave (if offered under your policy or an enterprise agreement).

Because these components can run alongside each other or overlap, planning the timing and documentation early is important.

Who Is Eligible - And How Much Leave Can You Take?

Under the NES, eligible employees (including eligible long-term casuals) can take up to 12 months of unpaid parental leave, with a right to request an additional 12 months (up to 24 months in total). Key rules include service requirements, notice and evidence, and additional protections for pregnancy-related risks.

Service Requirements And Employment Type

• Permanent employees (full-time or part-time): At least 12 months’ continuous service before the expected date of birth or adoption.
• Casual employees: Regular and systematic employment for at least 12 months, with a reasonable expectation of ongoing work.

Primary Carer And Partner Leave

• Primary carer leave: The main period of unpaid parental leave typically taken by the person who has primary responsibility for the care of the child.
• Partner leave: Eligible partners can also take unpaid parental leave, subject to coordination between the parents and NES rules.

Notice And Evidence

• Give written notice at least 10 weeks before the intended start of leave (or as soon as practicable) and confirm details at least 4 weeks out.
• Employers can request evidence such as a medical certificate with the expected or actual date of birth, or adoption paperwork.

Special Maternity Leave

If an employee has a pregnancy-related illness or if the pregnancy ends early (e.g. miscarriage or stillbirth), they may be entitled to unpaid special maternity leave and other supports such as compassionate leave. For pregnancy-related illness, employees may also access their paid sick leave entitlements where applicable - our plain-English guide to sick leave entitlements outlines the basics.

Safe Job And No Safe Job Leave

Pregnant employees who can’t safely perform their usual role are entitled to be transferred to a safe job at the same pay. If no safe job is available, paid no safe job leave applies for eligible full-time and part-time employees for the risk period (unpaid for casuals).

Government Paid Parental Leave: How It Works In 2025

The Australian Government’s Paid Parental Leave (PPL) scheme provides income support to eligible parents and is separate from the NES entitlement to unpaid parental leave. Recent reforms have expanded the entitlement and increased flexibility to share and take leave in blocks.

How Much Government PPL Is Available?

• Government PPL is being expanded to 26 weeks by July 2026 (staged increases). As a guide, it rose from 20 weeks (July 2023) to 22 weeks (July 2024), and is set to be 24 weeks from 1 July 2025.
• Leave can generally be taken more flexibly - in blocks or single days - and shared between parents within the first two years after birth or adoption.

Eligibility And Claiming

• Eligibility is assessed by Services Australia (residency, income, activity and work tests apply).
• Payments are generally made directly by Services Australia to the employee. In some cases, employers may be asked to facilitate payment.
• PPL is a social security payment, not a workplace entitlement. It often runs at the same time as unpaid parental leave from work.

Superannuation On Government PPL (Update From 1 July 2025)

From 1 July 2025, the Government will make superannuation contributions on Government PPL (at the Superannuation Guarantee rate) to eligible recipients’ super funds. This is a change from past practice, when super wasn’t paid on Government PPL.

For any employer-funded paid parental leave, whether super is payable will depend on whether the payment counts as ordinary time earnings (OTE) under the relevant instrument. Our overview of ordinary time earnings explains what typically attracts super.

Your Rights During Leave - And Returning To Work

Parental leave is job-protected. That protection is the backbone of the NES and helps employees plan families without fear of losing their role.

Return-To-Work Guarantee

• Employees have the right to return to their pre-leave position. If that job no longer exists, they must be offered the available position nearest in status and pay.

Keeping In Touch (KIT) Days

• Employees can perform up to 10 “keeping in touch” days during unpaid parental leave to stay connected, attend training or meetings, and ease the transition back. These KIT days do not break the period of leave.
• If the employee extends leave beyond 12 months, a further 10 KIT days are available.

Flexible Work Requests

• Parents (and carers) with at least 12 months’ service can request flexible work arrangements - for example, adjusted hours, patterns or location of work. Employers must consider these requests reasonably and respond in writing.

Using Other Leave During Parental Leave

• Employees can often use paid annual leave or long service leave during unpaid parental leave, which can provide income while maintaining job protection.
• Unpaid options can also apply - our guide to unpaid leave explains how it works generally.

Resignation Or Changes During Leave

Plans can change. If an employee decides not to return, usual rules around notice and any leave during a notice period still apply. Communicate intentions early so rosters, clients and handovers can be managed smoothly.

What Should Employers Put In Place To Manage Parental Leave Fairly?

Clear, accessible policies and aligned contracts make parental leave simpler for everyone - and help you comply with the Fair Work Act and anti-discrimination laws.

Parental Leave Policy

Set expectations in one place: eligibility, notice and evidence requirements, how to apply, how Government PPL interacts with your internal benefits, KIT days, return-to-work steps and flexible work requests. A tailored Parental Leave Policy supports consistency and reduces disputes.

Employment Contracts

Make sure your Employment Contract aligns with your policy and the NES. If you offer employer-funded paid parental leave, set out eligibility, service thresholds, how it interacts with Government PPL, and any superannuation treatment.

Workplace Policies And Manager Playbooks

Update your broader policy suite (leave, equal opportunity, discrimination, WHS and flexible work) so it dovetails with your parental leave framework. Simple checklists for managers help ensure notice windows, KIT days and safe job assessments are handled consistently.

Payroll, Recordkeeping And Compliance Dates

• Record notices, evidence, dates and KIT days. Confirm who pays what and when (Government PPL vs any employer-funded entitlements).
• Diary key dates: expected birth/adoption date, leave start, confirmation deadlines, KIT windows, return dates, and (from 1 July 2025) the superannuation settings on Government PPL.

Training For Managers

Train supervisors on responding to requests, avoiding discriminatory conduct, and managing safe-job assessments and no-safe-job leave. A respectful, consistent process builds trust and reduces legal risk.

Common Scenarios To Plan For

• Starting leave earlier than planned: Employees can bring forward leave where needed (e.g. pregnancy-related illness). Ask for evidence as appropriate; short-term needs before parental leave begins may be covered by paid sick leave.
• No safe job available: Where a doctor certifies the usual role isn’t safe due to pregnancy, transfer the employee to a safe role at the same pay. If no safe job exists, paid no safe job leave (unpaid for casuals) applies for the risk period - document the assessment and outcomes carefully.
• Partner and secondary carer time off: Partners may take unpaid parental leave subject to eligibility and coordination. For more on partner entitlements and sharing leave, see our overview of paternity leave.
• Offering more generous paid leave: Many employers provide paid parental leave to attract and retain talent. Put the details in your policy and contracts (including interaction with Government PPL, super, and any repayment or service conditions).

Practical Step-By-Step: A Simple Process For Employers And Employees

For Employees

1. Plan timing: Decide a likely start date and how much leave you’ll request initially (up to 12 months), and whether you’ll request an extension later.
2. Notify in writing: Give written notice at least 10 weeks before leave (or as soon as practicable) and confirm details 4 weeks out.
3. Provide evidence: Be ready to provide a medical certificate (expected or actual birth date) or adoption documentation.
4. Claim Government PPL: Check eligibility and lodge your claim with Services Australia. Coordinate the timing with your unpaid leave period.
5. Discuss KIT days: Talk with your manager about whether you want to use keeping in touch days for key training or meetings.
6. Plan your return: Give reasonable notice of your return date and explore flexible work options if needed.

For Employers

1. Policy first: Have a current Parental Leave Policy and aligned contracts in place.
2. Acknowledge quickly: Confirm receipt of the request, ask for evidence if required, and outline next steps and dates in writing.
3. Risk assess the role: If requested (or if duties are obviously risky), coordinate a safe-job assessment and handle any transfer or no-safe-job leave.
4. Coordinate payments: Confirm whether Government PPL is paid via Services Australia or your payroll, and how any employer-funded benefit will run. Note superannuation settings for Government PPL from 1 July 2025.
5. Agree KIT opportunities: Plan keeping in touch activities that suit the employee and the business.
6. Map the return-to-work: Confirm the role your employee will return to (or the nearest role in status and pay) and consider flexible work requests fairly and promptly.

Superannuation And Tax - Quick Notes

• Government PPL: Super contributions will be paid by the Government from 1 July 2025.
• Employer-funded paid parental leave: Consider whether it’s OTE for super purposes and document the treatment in your policy/contract. Our OTE explainer provides the framework.

Helpful Documents To Streamline The Process

• Parental Leave Policy: The cornerstone document that sets out eligibility, notice, safe-job provisions, paid/unpaid components, KIT days and return-to-work steps - get a tailored Parental Leave Policy in place.
• Employment Contract: Ensure your Employment Contract aligns with the policy and NES. Include clear rules if you offer paid parental leave.
• Leave forms and letters: Short templates for requests, approvals and return-to-work confirmations keep admin simple and transparent.
• Related guides: Keep handy references for unpaid leave, sick leave entitlements and leave during a notice period to navigate edge cases.

Key Takeaways

• Under the NES, eligible employees can take up to 12 months of unpaid parental leave, with a right to request a further 12 months (up to 24 months total).
• Government PPL is separate from the NES entitlement and can be shared and taken flexibly - staged increases bring it to 24 weeks from 1 July 2025 (and towards 26 weeks by 2026).
• From 1 July 2025, superannuation contributions will be paid on Government PPL; check whether any employer-funded paid leave is OTE for super purposes.
• Job protection, safe-job rights, no-safe-job leave, up to 10 KIT days (plus another 10 if leave extends beyond 12 months) and flexible work requests are core features of Australia’s parental leave framework.
• Clear documents - a Parental Leave Policy, aligned Employment Contracts and simple templates - reduce risk and help managers apply the rules consistently.
• Handle notice, evidence and return-to-work steps in writing, and keep communication open before, during and after leave.

If you’d like a consultation on setting up parental and maternity leave the right way for your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.