Employer’s Guide To Maternity Leave Notice Requirements

Welcoming a new child is a huge moment for your team member - and it also triggers clear legal steps for your business. If you’re an employer in Australia, understanding maternity (parental) leave notice requirements isn’t just good HR practice, it’s essential for compliance under the Fair Work system.

This guide walks you through exactly what “notice” means, when and how employees must notify you, what you must do once you receive a request, how pay works (including government Paid Parental Leave), and the best ways to support your employee while protecting your business.

The goal: help you feel confident you’re doing the right thing - for your people and for compliance - without unnecessary stress.

What Is Maternity (Parental) Leave In Australia?

In Australia, what many call “maternity leave” is part of the broader parental leave framework. Eligible employees (who’ve completed at least 12 months of continuous service) can take up to 12 months of unpaid parental leave associated with the birth or adoption of a child. They can also request an additional 12 months (up to 24 months total), which an employer can only refuse on reasonable business grounds.

There are also options for “flexible unpaid parental leave” - a set number of days that can be taken in blocks or single days within 24 months of the birth or adoption - which can help employees phase in and out of work.

Why notice matters: the Fair Work Act 2009 sets specific timeframes and documentation rules for employees to let you know they’re taking leave. When you follow these steps consistently, you reduce risk, keep operations smooth and demonstrate genuine support for your team.

How Much Notice Must Employees Give?

The notice rules are straightforward and worth building into your processes.

• 10 weeks’ written notice: Employees must give you written notice of their intention to take unpaid parental leave at least 10 weeks before the expected start date.
• 4 weeks’ confirmation: At least 4 weeks before the intended leave start date, they must confirm the actual dates (or advise if anything has changed).
• Evidence: You can reasonably ask for evidence (for example, a medical certificate stating the expected date of birth, or adoption/placement documents) and employees must comply.

It’s common to talk about leave plans earlier, but the legal minimum is the 10 weeks’ notice plus the 4 weeks’ confirmation. It’s smart to reflect these timeframes in your written workplace policies and in each employee’s Employment Contract so managers and staff are always on the same page.

What Are Your Obligations After You Receive Notice?

Once an employee gives notice, a few practical and legal obligations kick in. A consistent, documented process is your friend here.

Acknowledge And Map Out Next Steps

• Confirm receipt in writing (email is fine).
• Note the 4-week confirmation deadline and any evidence you’ll need.
• Provide a short summary of what happens next (e.g. handover planning, keeping in touch options, and return-to-work process).

Request Reasonable Evidence

You may ask for proof of the expected date of birth or placement. Keep requests consistent and proportionate across your workforce. If you’ll need medical information at return-to-work (for example, to clarify fitness for particular duties), make sure any request for a medical clearance is lawful, justified and limited to what is reasonably necessary.

Plan For Coverage And Keep Records

• Update your leave registers, rosters and resourcing plan.
• If you hire temporary backfill, reinforce the employee’s right to return to their role or a truly “equivalent position.”
• Keep clear written records of notices, evidence, confirmations and your responses.

Support Safe Work And Flexible Options

• If an employee provides a medical recommendation, consider a transfer to a safe job or other lawful adjustments.
• Discuss flexible unpaid parental leave days and how you’ll handle “keeping in touch” days during leave (up to 10 days in the first 12 months, with additional days available if leave extends beyond 12 months).

Embedding these steps in a simple, accessible Workplace Policy makes it easier for managers to act consistently and reduces the chance of disputes.

Do You Have To Pay Maternity Leave?

There are three separate concepts here - and it’s important to distinguish them.

1) Unpaid Parental Leave (NES)

The National Employment Standards (NES) provide up to 12 months of unpaid parental leave for eligible employees, with a right to request a further 12 months. Employers do not have to pay wages for this NES leave unless a contract, policy or enterprise agreement says otherwise.

2) Government Paid Parental Leave (PPL)

Separate to the NES, the Australian Government’s Paid Parental Leave scheme provides pay at the national minimum wage for a set number of weeks. The entitlement is being expanded in stages - moving to up to 24 weeks by 1 July 2025 (check Services Australia for current settings if you’re reading this later).

Who pays it? By default, Services Australia pays employees directly. Employers may be involved as a paymaster in limited cases (for example, where you agree and meet eligibility conditions). The funding is from the government - it’s not an employer-funded entitlement.

3) Employer-Paid Parental Leave

Some employers offer their own paid parental leave on top of legal minimums. If your Employment Contract or policy promises employer-funded parental leave, you must honour it. If you’re introducing or updating this benefit, make sure the terms are clearly drafted and any changes are handled properly - for example, by following a fair process when changing employment contracts or policies.

Timing, Evidence And The Return-To-Work Guarantee

When Can Leave Start?

• Employees can usually start parental leave up to 6 weeks before the expected birth.
• If they wish to work within 6 weeks of the birth, you can require a medical certificate stating they’re fit to work.
• For early births or emergencies, employees should give notice as soon as practicable.

Special Maternity Leave And Safe Jobs

• Employees are entitled to special maternity leave if they have a pregnancy-related illness or if the pregnancy ends after a certain stage. This interacts with sick leave and parental leave - treat these situations sensitively and lawfully.
• If there’s a risk to health or safety, consider a transfer to a safe job or, if no safe job is available, no safe job leave (paid or unpaid depending on circumstances).

Return-To-Work Guarantee

Employees have a right to return to the position they held before leave. If that position no longer exists, you must place them in a position that is genuinely equivalent in pay, status and duties.

Talk early about contact preferences during leave, potential changes in hours on return, and any reasonable adjustments. If there are health-related issues impacting duties, manage them through a lawful process, including a targeted request for medical clearance to return to work where appropriate.

Flexible Work Requests And Wellbeing

Parents of young children often request flexible work on return (for example, part-time hours or altered start/finish times). You must consider these requests and can only refuse on reasonable business grounds. It also helps to be proactive about wellbeing - for instance, understand how parental or stress leave fits into your overall approach to supporting staff.

Common Compliance Risks And Disputes

Most issues are avoidable with good process and communication. Here are the main pitfalls to watch for - and how to avoid them.

• Missed timeframes or poor records: If you don’t track the 10-week notice and 4-week confirmation, it’s easy to slip. Keep a simple checklist and file copies of all correspondence.
• Unlawful adverse action or discrimination: Treating someone unfavourably because they’re pregnant or taking leave can trigger serious claims under workplace and anti-discrimination laws. Decisions about roles, hours or restructures must be based on lawful, documented business reasons.
• Return-to-work errors: Not reinstating to the correct position (or a truly equivalent one) can lead to disputes. Plan ahead for backfill and handover so you can smoothly restore the employee’s role.
• Inconsistent evidence requests: Make sure any medical evidence you request is consistent, reasonable and linked to a genuine need (for example, a fitness-for-work certificate for a safety-critical role).
• Unclear policies: If managers don’t have a clear playbook, decisions can be inconsistent. Ensure your Staff Handbook explains parental leave procedures, contact during leave, and return-to-work planning.

If Notice Is Late Or You Disagree On Dates

If an employee doesn’t give enough notice, you can ask them to comply with the notice requirements. That said, you must not unreasonably refuse parental leave where the NES entitles the employee to it. Document your communications, focus on workable solutions, and escalate to a calm, internal resolution process where needed.

If issues persist or you’re navigating a complex scenario (for example, overlapping leave, role restructures or a contested equivalency on return), it’s worth speaking with employment lawyers early to reduce risk and find a practical pathway forward.

What Documents And Processes Should You Have In Place?

Having the right documents makes parental leave straightforward for managers and employees. At a minimum, consider the following:

• Employment Contract: Sets the foundation for entitlements and processes, and can reference your parental leave policy and related procedures. A clear, current Employment Contract reduces misunderstandings.
• Parental Leave Policy: Explains eligibility, notice requirements, evidence, flexible leave days, contact during leave, and return-to-work steps (including keeping in touch days and flexible work requests).
• Workplace Policy Handbook: A central document that pulls together all key HR policies (leave, safety, anti-discrimination, flexible work). A well-structured Staff Handbook helps managers act consistently.
• Leave Forms And Checklists: Simple templates for notice, confirmation of dates, and manager checklists keep your process compliant and repeatable.
• Change And Review Process: If you alter benefits or policies, follow a fair process and communicate clearly - particularly where you are changing employment contracts or established entitlements.

Key Takeaways

• Employees must give at least 10 weeks’ written notice of unpaid parental leave and confirm dates at least 4 weeks before leave starts, with evidence if reasonably requested.
• Unpaid parental leave under the NES is separate from government Paid Parental Leave; PPL is funded by the government (moving to up to 24 weeks by 1 July 2025) and is paid by Services Australia by default.
• Once notified, acknowledge in writing, collect reasonable evidence, plan coverage, and document everything - then deliver the return-to-work guarantee when the employee comes back.
• Be careful with discrimination and adverse action risks; decisions about roles or restructures must be lawful and well-documented, and flexible work requests require genuine consideration.
• Put practical documents in place - an Employment Contract, parental leave policy and Staff Handbook - so managers can follow a consistent, compliant process.

If you’d like a consultation on maternity and parental leave processes, updating policies or contracts, or navigating a tricky scenario, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.