Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Supporting team members through pregnancy and parental leave is not only the right thing to do - it’s the law. If you employ staff in Queensland, there are clear obligations around pregnancy, maternity and parental leave, safety at work, flexible working requests and return-to-work rights.
In this guide, we’ll walk you through what applies in Queensland (and what’s national), what you must do as an employer, and practical steps to manage the process confidently and fairly. With the right systems and policies, you can support your people and stay compliant - without guesswork.
Who Does The Law Apply To In Queensland?
Most private sector employers and employees in Queensland are covered by the national Fair Work system. That means the National Employment Standards (NES) in the Fair Work Act 2009 set the minimum entitlements for unpaid parental leave, pregnancy-related protections and return-to-work rights.
Queensland state and local government employees are generally covered by the Queensland industrial relations system. If you operate in that space, your obligations will be similar but sourced from state instruments and agreements - check the specific industrial instrument that covers your workforce.
On top of industrial laws, anti-discrimination laws apply. For private sector employers in QLD, both federal laws and the state Anti-Discrimination Act 1991 (Qld) prohibit discrimination because of pregnancy, potential pregnancy, breastfeeding and family responsibilities.
What Are Employers Obliged To Provide?
Unpaid Parental Leave (Minimum 12 Months)
Eligible employees (who have completed at least 12 months’ continuous service before the expected birth or adoption date) are entitled to up to 12 months of unpaid parental leave under the NES.
Employees can also request an additional 12 months (up to 24 months total). You must respond in writing within 21 days and can only refuse on reasonable business grounds, which must be explained in your response.
Pregnancy Safety: Safe Job And “No Safe Job” Leave
If a pregnant employee presents medical evidence that their current role isn’t safe, you must transfer them to a suitable safe job at the same pay and conditions. If no safe job is available, they may be entitled to paid “no safe job” leave (for eligible award/agreement-covered employees) or unpaid “no safe job” leave until they start parental leave.
You also have work health and safety obligations to assess risks and adjust work as needed (for example, avoiding hazardous tasks, modifying rosters or allowing more breaks).
Evidence And Notice Requirements
Employees must give you at least 10 weeks’ notice before starting unpaid parental leave, along with details of the leave period. They also need to confirm those dates at least 4 weeks before leave starts. You can request reasonable evidence, like a medical certificate with an expected due date.
Paid Parental Leave From Government (Services Australia)
The Australian Government provides Paid Parental Leave (PPL) to eligible parents. From 1 July 2024, the combined scheme provides up to 22 weeks of government-funded pay (increasing gradually to 26 weeks by July 2026). This sits alongside your minimum obligations for unpaid parental leave under the NES.
As an employer, you may be required to act as the paymaster for government PPL in some cases (Services Australia will advise). You don’t fund the payment unless you offer your own paid leave scheme on top.
Keeping In Touch Days
Employees on parental leave can work up to 10 “keeping in touch” days (and more if the leave extends beyond 12 months) to stay connected - for example, attending training or key meetings. These days are paid at the employee’s normal rate and don’t end parental leave.
Return-To-Work Guarantee
Employees are entitled to return to the same job they held before leaving. If that role no longer exists, you must offer an available position nearest in pay and status to the original role.
Before returning, employees can request to take any accrued annual leave or long service leave (if eligible). If they experience pregnancy-related illness or complications, other leave entitlements may apply (like personal/carer’s leave).
Flexible Working Requests
Parents of young or school-aged children (and a range of other eligible employees) can request flexible work arrangements, such as part-time hours, varied start/finish times or hybrid work. You must genuinely consult, consider the request and respond in writing within 21 days. You can only refuse on reasonable business grounds.
Protection From Discrimination And Adverse Action
You must not treat an employee unfavourably or take adverse action because they’re pregnant, taking parental leave or requesting flexibility. This includes decisions about hiring, rostering, performance management or termination. Keep documentation to show you’ve acted fairly and consistently.
Do I Have To Pay For Maternity Leave?
The NES provides unpaid parental leave. Employers don’t have to offer paid maternity/parental leave unless a contract, award, enterprise agreement or workplace policy promises it.
Many employers choose to provide paid parental leave for cultural and retention reasons. If you do, set out the rules clearly in a Parental Leave Policy and ensure it aligns with other instruments (awards, enterprise agreements) and the NES. State whether superannuation is paid on your employer-funded leave (it isn’t required on government PPL) and how any top-up interacts with the government scheme.
Regardless of whether you offer paid leave, make sure employment contracts accurately reflect entitlements and point to your policies. If you need new or updated agreements for permanent staff, consider a tailored Employment Contract that aligns with the NES and relevant awards.
Managing The Process Step By Step
1) Set Clear Policies And Contracts
Clarity upfront reduces stress later. At a minimum, have a concise Parental Leave Policy that covers eligibility, notice and evidence, safe job provisions, keeping in touch days, flexible working requests and return-to-work processes.
Make sure your broader Workplace Policy suite cross-references parental leave (for example, equal employment opportunity, WHS and flexible work). If you prefer one accessible playbook, a curated Staff Handbook Package can bring these rules together for your team.
2) Open, Supportive Communication
When an employee shares their news, congratulate them and explain the process simply. Provide the policy, outline the notice and evidence steps, and start a conversation about safety adjustments at work.
It can help to agree on a tentative leave plan early, then revisit dates closer to the time. Keep records of discussions and any agreed adjustments.
3) Manage Safety And Work Adjustments
Assess risks in the employee’s current duties. Adjust tasks, equipment and rosters as needed. If a safe job transfer isn’t possible, discuss “no safe job” leave (paid or unpaid depending on coverage) until paid or unpaid parental leave starts.
Be mindful that pregnancy can intersect with mental health. It’s good practice to train managers on respectful conversations and your Fair Work obligations regarding employee mental health.
4) Coordinate Leave And Pay
Confirm unpaid parental leave dates in writing and keep a calendar of key dates (confirmation deadlines, expected birth, planned return). If Services Australia asks you to pay government PPL, set up payroll to process those payments on time.
If you offer employer-funded parental leave, ensure your payroll and policy settings are consistent. Avoid accidental over/under-payments by documenting how your benefit stacks with the government scheme.
5) Keep In Touch (Without Pressure)
Before leave begins, agree on the preferred communication style (email, phone, text) and how often to check in. Offer optional keeping in touch days for training, key meetings or social events so the employee can stay connected. Make participation truly optional.
6) Support A Smooth Return
About 6-8 weeks before the planned return, reconnect to confirm dates and discuss any flexible work request. If the employee asks to vary hours or location, explore what’s workable and respond in writing, with reasons if you refuse. If hours or duties change more permanently, update their contract thoughtfully - and if you’re unsure, get advice before changing employment contracts.
On day one back, have equipment, system access and a warm welcome ready. Book a check-in for the first week and month to resolve any teething issues early.
Common QLD-Specific Considerations
Queensland Vs National Rules
For most private sector employers in Queensland, the national NES rules apply for unpaid parental leave, flexible work and return-to-work guarantees. If you employ state or local government workers, check your Queensland industrial instrument - it may provide additional paid leave or different procedural rules.
Anti-Discrimination (Qld)
In addition to federal protections, the Anti-Discrimination Act 1991 (Qld) prohibits discrimination due to pregnancy, breastfeeding and family responsibilities. This applies to recruitment, terms, promotion, training and dismissal. Train managers and ensure decisions are based on genuine business needs and documented criteria.
Work Health And Safety
Risks can change throughout pregnancy. Review manual handling, chemical exposure, heat, long standing or night shifts. Adjust tasks or rosters, offer more frequent breaks and provide suitable PPE. Consult the employee - they know their job and body best.
Stillbirth, Miscarriage And Related Leave
Employees remain entitled to personal/carer’s leave and compassionate leave in difficult circumstances, and in many cases parental leave can still be taken after a stillbirth. Handle these situations with sensitivity and offer support services. Your policies should guide managers on the options without requiring employees to repeatedly explain personal details.
Part-Time Returns And Role Changes
Many parents return part-time initially. Where possible, design roles for job-share or part-time coverage to retain talent. If you restructure or change roles while someone is on leave, you must consult and preserve their return-to-work guarantee. Get tailored guidance from an employment lawyer if you’re planning changes that could affect a team member on parental leave.
What Documents And Processes Should You Have In Place?
- Parental Leave Policy: Sets out eligibility, notice/evidence, safe job processes, keeping in touch, flexibility requests and return-to-work arrangements - a clear reference for staff and managers. A bespoke Parental Leave Policy keeps everyone on the same page.
- Employment Contracts: Confirm NES compliance, award coverage and how policies apply. A tailored Employment Contract for permanent staff helps avoid disputes later.
- Workplace Policies/Handbook: Cross-refer to WHS, anti-discrimination, flexible work and mental health support. A consolidated Staff Handbook Package makes your rules clear and accessible.
- Flexible Work Request Process: A simple template and manager checklist to capture requests, assess reasonable business grounds and respond within 21 days.
- Risk Assessment Checklist: A practical WHS tool for pregnancy-related adjustments and safe job transfers.
- Return-To-Work Plan: A short plan for hours, duties, training and check-ins during the first month back.
Policies are most useful when they’re easy to find and consistently applied. If you’re setting up or refreshing your suite, a single, well-structured Workplace Policy framework makes compliance easier day-to-day.
Practical Tips To Stay Compliant (And Supportive)
- Start early: talk through timelines and safety adjustments as soon as you’re notified, then confirm key dates in writing.
- Be consistent: use the same process for notice, evidence and flexible work assessments across your team.
- Document decisions: keep records of consultations, risk assessments and your reasons if you refuse a flexibility request.
- Train managers: give leaders a quick guide to entitlements and respectful conversations, including mental health considerations.
- Plan coverage: design backfill or job-share options ahead of time to reduce pressure on the team and returning parent.
- Review regularly: update your policies to reflect changes to the government PPL scheme as it increases towards 26 weeks by 2026.
Key Takeaways
- In Queensland’s private sector, the National Employment Standards set minimum parental leave rights - including 12 months unpaid leave, with a right to request up to 24 months.
- You must manage pregnancy safety (safe job or “no safe job” leave), respond to flexible work requests and provide a return-to-work guarantee.
- Government Paid Parental Leave is separate from the NES and funded by Services Australia; you only fund paid leave if your contracts or policies promise it.
- Clear documents - a Parental Leave Policy, compliant Employment Contracts and a practical policy framework - reduce risk and support managers.
- Queensland anti-discrimination laws and WHS duties sit alongside federal rules, so handle decisions carefully and keep good records.
- If roles or hours will change, consult genuinely, respond in writing within 21 days and get advice before altering contracts.
If you’d like a consultation about your parental leave obligations in Queensland - or help drafting a Parental Leave Policy and contracts - you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
