How Long Is Paid Maternity Leave In Australia?

When you’re running a small business, even one team member taking extended leave can have a real impact on rostering, cash flow and client delivery.

That’s why one of the most common questions we hear from employers is how long paid maternity leave is in Australia - and what you’re actually required to provide.

In Australia, “paid maternity leave” can mean different things depending on whether you’re talking about the government Paid Parental Leave scheme, an employee entitlement under an award or enterprise agreement, or additional benefits you choose to offer in your business.

Below, we break down the practical rules and the employer “to-do list” so you can plan ahead, stay compliant, and support your employee without putting your business at risk.

What Does “Paid Maternity Leave” Mean For Employers?

In day-to-day business conversations, “paid maternity leave” is often used as a catch-all term. Legally and operationally, it helps to separate it into three buckets:

1) Government Paid Parental Leave (PPL)

This is a government-funded payment (administered through Services Australia) that eligible employees can access when they have or adopt a child.

Even though the government funds it, you may still have an admin role. In some cases, Services Australia will require the payment to be delivered to the employee via your payroll (and in other cases Services Australia pays the employee directly). The exact arrangement depends on the employee’s circumstances and the current rules - Services Australia will usually confirm how it will be paid.

2) Employer-Funded Paid Parental Leave

This is paid leave you provide as an additional workplace benefit, typically set out in:

• an award or enterprise agreement;
• your employee’s contract; and/or
• a workplace policy (for consistency across the team).

If you offer employer-funded paid parental leave, it’s important your Employment Contract and policy documents clearly explain who qualifies, how payments work, and what happens if someone doesn’t return to work.

3) Unpaid Parental Leave (NES)

Under the National Employment Standards (NES) in the Fair Work Act, eligible employees can access unpaid parental leave (commonly 12 months), with a right to request an extension (commonly another 12 months).

This is separate from “paid” entitlements - but in practice, businesses need to plan for both paid and unpaid absences.

So, How Long Is Paid Maternity Leave In Australia?

The practical answer to how long paid maternity leave is in Australia depends on which type of paid leave you’re referring to.

How Long Is The Government Paid Parental Leave Scheme?

The government scheme has been expanding in stages, which means the total number of weeks available can depend on the child’s date of birth or adoption (and eligibility).

As at 1 July 2025, the government Parental Leave Pay period increased to 24 weeks (paid at the Parental Leave Pay rate). The law also provides for further staged increases in future years.

Employer tip: because the number of weeks has been increasing progressively, treat this as a “check the current rules” item whenever you receive a parental leave request. Always confirm the current entitlement and payment arrangements on the Services Australia website (and, where relevant, Fair Work guidance), as eligibility rules and administration processes can change.

How Long Is Employer-Funded Paid Maternity Leave?

There is no single “standard” across Australia for employer-funded paid maternity leave. Your obligations (if any) come from the legal instruments that apply to the employee, such as:

• Modern award: most modern awards don’t require employers to provide paid parental leave, but they commonly include unpaid parental leave-related terms and procedural requirements. Some workplaces may also have additional paid benefits set elsewhere;
• Enterprise agreement: may contain a defined paid maternity/parental leave benefit;
• Contract: you may have agreed to provide a specific entitlement (for example, 6, 12 or 18 weeks at base rate);
• Policy: you may offer paid parental leave as a standard benefit to attract and retain staff.

If you have promised paid leave in a contract or policy, you need to deliver it. That’s why it’s worth having a clear Parental Leave Policy that matches what you actually intend (and can afford) to offer.

Can Employees Receive Both Government And Employer-Funded Paid Leave?

Often, yes. Many workplaces structure employer-funded leave to run:

• at the same time as the government payment; or
• on top of the government payment (for example, employer pays “top up” to full pay, or provides additional paid weeks).

The right approach depends on your policy wording, payroll setup, and budget. The key is to be consistent and document your process so you don’t accidentally create a new entitlement you didn’t intend to offer.

What About Unpaid Parental Leave?

Even if your business doesn’t offer any employer-funded paid maternity leave, you will still need to manage unpaid parental leave requests if the employee is eligible under the NES.

From an employer perspective, unpaid parental leave is often the bigger operational issue - because it affects coverage, client relationships, and hiring decisions for a longer period.

What Are Your Key Employer Obligations When Someone Takes Parental Leave?

When an employee tells you they’re pregnant or planning to take parental leave, it’s easy to focus on “how many weeks are they off?”

But legally, your obligations are broader than that. Here are the main areas small businesses should have on their radar.

Managing The Leave Request Fairly (And Without Discrimination)

Pregnancy, parental responsibilities and family/carer status are protected attributes under anti-discrimination laws. Practically, this means you should be careful about:

• how you discuss performance or “commitment” after the employee shares the news;
• making role changes that disadvantage them because of pregnancy/leave;
• treating them differently in promotions, training, or allocation of key clients/projects.

Even if your intent is operational (for example, you’re worried about coverage), the way you handle communications and decisions matters.

Confirming Leave Details In Writing

For smooth operations and fewer misunderstandings, it’s best practice to confirm key details in writing, including:

• expected leave start date and return date (even if it’s “subject to change”);
• whether any employer-funded paid leave is being provided (and on what terms);
• how the government PPL will be handled (including whether Services Australia requires it to be paid through your payroll);
• handover arrangements and contact expectations.

Keeping The Employee’s Job Open (And Return-To-Work Rights)

In most cases, an employee returning from parental leave is entitled to return to their pre-leave position. If that position no longer exists, you may need to offer an available suitable position.

From a small business perspective, the key risk is making “temporary” coverage arrangements and then letting those arrangements become permanent without properly managing the original employee’s return rights.

Handling “Keeping In Touch” Arrangements

Many businesses want the employee to stay updated on changes (new systems, new clients, new procedures). That can be sensible, but it needs to be handled carefully.

Under the Fair Work framework, employees on unpaid parental leave can generally access up to 10 “keeping in touch” days (subject to rules and genuine agreement). If you want the employee to do any paid work during leave, document the arrangement clearly (hours, rate of pay, duties) and keep it genuinely optional.

Understanding Other Leave Interactions (Annual Leave, Personal Leave, Etc.)

Parental leave planning often overlaps with other leave balances. For example, an employee might:

• use annual leave before parental leave starts;
• take annual leave after paid parental leave ends to extend time at home; or
• request a mix of part-time return and leave.

Having a basic grasp of leave calculations helps you avoid payroll mistakes and disputes. (If you’re reviewing how leave payments generally work, annual leave payments are a good starting point.)

How Do You Plan For Paid Maternity Leave Without Disrupting Your Business?

Once you understand how long paid maternity leave is in Australia (and which type applies), the next step is turning that knowledge into a workable plan.

Here’s a practical framework many small businesses use.

Step 1: Check The Legal “Source Of Truth” For That Employee

Before you promise anything, confirm what applies:

• the employee’s modern award coverage (if any);
• any enterprise agreement terms;
• their employment contract terms; and
• your internal policies.

If your documents are inconsistent (for example, a policy says 12 weeks paid leave but the contract says 6), you can end up with confusion and unexpected cost. A consistent Employment Contract plus a clear policy usually prevents that issue.

Step 2: Build A Coverage Plan Early (And Be Realistic)

For many small businesses, the biggest mistake is leaving coverage planning too late.

As soon as an employee indicates they intend to take parental leave, start mapping:

• core duties that must be covered daily/weekly;
• key client relationships that need a handover;
• systems access and approvals (finance, purchasing, HR);
• training time for a temporary replacement.

This is also when you should decide whether you need:

• a fixed-term employee for parental leave cover;
• a contractor arrangement; or
• internal redistribution of duties with higher duties allowances (if applicable).

Step 3: Budget For The True Cost (Not Just The Paid Weeks)

When employers think “paid maternity leave”, they often focus only on the weeks of paid leave.

But for small businesses, the cost is usually broader, including:

• temporary replacement onboarding and training;
• reduced productivity during handover;
• admin time for payroll, rostering and documentation;
• systems and equipment costs for new team members.

If you choose to offer employer-funded paid leave as a retention tool, it can be a great investment - just make sure it’s documented properly so you control eligibility and avoid “policy creep”.

Step 4: Have A Clear Return-To-Work Plan

Return-to-work is where many disputes arise, particularly if:

• the business has changed significantly during the absence;
• the employee wants flexible work arrangements;
• your replacement is performing strongly and you want to keep them.

Planning early helps you manage expectations and avoid last-minute decisions that can create legal risk.

What Documents And Processes Should You Have In Place?

Even if you have a great team culture, parental leave can create uncertainty if your legal documents and processes are vague. These are the documents small businesses commonly rely on to manage parental leave smoothly.

• Employment Contract: sets the baseline terms of employment and helps you avoid unclear or inconsistent promises about paid leave. (This is often where disputes start if it’s not clear.)
• Parental Leave Policy: explains eligibility, notice requirements, how paid parental leave works in your business, and how return-to-work will be handled. A tailored Parental Leave Policy helps you apply a consistent approach across your team.
• Staff Handbook / Workplace Policies: supports broader expectations like communication during leave, confidentiality, and system access.
• Recordkeeping processes: to track leave dates, payments, and correspondence (particularly if your payroll is processing government PPL in your regular pay cycle).

If you’re unsure whether your current documents are fit for purpose, it’s often quicker (and cheaper) to review and tighten the wording now than to try to fix misunderstandings after leave has already started.

A Quick Note On Restructures, Redundancy And Terminations During Parental Leave

Sometimes business realities hit at the wrong time - a contract ends, revenue drops, or you need to restructure roles.

If you’re considering a restructure, redundancy, or termination while someone is pregnant or on parental leave, you should get advice early. These situations can be legally sensitive and high-risk if mishandled.

Even topics that seem straightforward in other contexts (like payment in lieu of notice) can become more complex when parental leave protections and discrimination considerations are in play.

Key Takeaways

• The answer to how long paid maternity leave is in Australia depends on whether you mean government Paid Parental Leave, employer-funded paid leave, or unpaid parental leave under the NES.
• Government-funded Paid Parental Leave has been increasing in stages, so the number of paid weeks an eligible employee can access depends on timing - always check the current Services Australia rules.
• Employer-funded paid maternity/parental leave is not “one size fits all” - your obligations come from the award, enterprise agreement, employment contract and your workplace policies.
• Beyond payments, your legal obligations include managing the request fairly, avoiding discrimination risk, confirming arrangements in writing, and respecting return-to-work rights.
• Early planning (coverage, budgeting, handover and return-to-work) is the best way to support your employee while protecting business continuity.
• Clear documents like an Employment Contract and Parental Leave Policy help you stay consistent and reduce the risk of disputes.

If you’d like help putting the right parental leave terms and processes in place for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.