Factsheets / Leave / Maternity Leave Australia

Maternity Leave Australia

13 min read

Parental Leave: Your 26 Weeks of Paid Leave and Rights 

Last updated September 2026
Reviewed by the Australian Unions policy team, September 2026

Maternity leave is now commonly referred to as ‘parental leave’ in Australia, reflecting a gender-neutral approach to family care. While there isn’t a standalone ‘maternity leave’ entitlement, support for new parents is provided through a combination of government-funded Paid Parental Leave (PPL), unpaid leave entitlements under the National Employment Standards (NES), and other workplace rights. Union members have tirelessly campaigned for and won these comprehensive entitlements. 

For the purposes of this factsheet, the leave will be referred to as ‘maternity leave’.  To find out more, visit our Paid Parental Leave factsheet.

Paid Parental Leave (PPL)

The Federal Government’s Paid Parental Leave (PPL) scheme provides financial support for eligible parents to take time off work to care for their newborn or newly adopted child. 

How much PPL is in 2026 

As of 1 July 2026, eligible families can receive up to 26 weeks (130 days) of government-funded Paid Parental Leave. This payment is at the national minimum wage rate and is processed through your employer in most cases. 

Eligibility (work test + income test) 

To be eligible for government paid parental leave, you need to meet the: 

  1. work test 
  1. income test, and  
  1. residency requirements. 

How to meet the work test 

To get government paid parental leave, you need to meet the work test. To meet the work test, you need to have worked for both:  

  • 10 out of the 13 months before the birth or adoption of your child; and   
  • a minimum of 330 hours (which is around one day a week) in those 10 months.   

You can include in your working hours:  

  • Full-time, part-time, casual or seasonal work  
  • Work as a contractor or self-employed  
  • Work from multiple employers  
  • Paid leave (including sick leave and annual leave)  
  • Previous periods of parental leave – each day you’re paid counts as 7.6 hours. 

The following doesn’t count as work:  

  • Unpaid work, including volunteer work  
  • Unpaid leave, including unpaid parental leave  
  • Study, including study funded by a scholarship or other financial support. 

You can find out more information about the work test here on the Services Australia website.  

How to meet the income test  

To get government paid parental leave, you will also need to meet the income test.  

There are two ways to meet the income test based on either your: individual income, or your combined family income. Services Australia will look at your income from the financial year before either the date of birth or adoption, or the date you lodge your claim; whichever date is earlier.  

You can find out more information about the income test here on the Services Australia website. 

How to meet the residency requirement  

To get government paid parental leave, you also need to meet the residency requirements.  

The first requirement is that you need to be living in Australia.  

You also need to have one of the following:  

  • Australian citizenship  
  • a permanent visa  
  • a Special Category visa; or   
  • a certain temporary visa, that is a partner provisional temporary protection visa.  

The residency requirements need to be met on the day of your child’s birth or adoption, and on any days that you access paid parental leave.   

You can find out more information about the residency requirements here (including the list of eligible visas) on the Services Australia website.  

Super on PPL (new from 1 July 2025) 

Thanks to years of union campaigning, from 1 July 2025, the Federal Government will pay 12% superannuation on Commonwealth Paid Parental Leave payments. This crucial reform helps address the gender super gap, boosting your retirement savings even while taking time to care for your family. 

How to apply 

You can apply for government paid parental leave up to 3 months before the birth or adoption of your child. You apply for PPL through Services Australia, typically via a Centrelink online account linked to your myGov account. You can find more information about government paid parental leave and how to submit a claim here on the Services Australia website. 

Unpaid parental leave (NES) 

In addition to government-funded PPL, the National Employment Standards (NES) provide a right to unpaid parental leave. 

Your entitlement 

Eligible employees are entitled to take up to 12 months of unpaid parental leave. You also have the right to request a further 12 months of unpaid leave, which your employer can only refuse on ‘reasonable business grounds’. 

Eligibility 

You are generally eligible for unpaid parental leave if you have completed 12 months of continuous service with your employer before the birth or placement of your child. This includes long-term casual employees who have worked regularly for 12 months and have a reasonable expectation of ongoing work. 

When you can start 

If you are pregnant, you can start your unpaid parental leave up to six weeks before your due date. If you are not the birth parent, your leave generally begins on the date of birth or placement of the child. You can combine this unpaid leave with your Paid Parental Leave. 

Job protection during leave 

There are 5 things you should know:  

  1. When you are ready to return to work after parental leave, you have a right to return to the position that you held immediately before you started parental leave.  
  1. If that position no longer exists, you have a workplace right to return to an available position which you are qualified to perform, and which is nearest in status and pay to your old job.   
  1. The Fair Work Act says that your employer must consult you while you are on parental leave about any workplace change that might impact you. If your employer proposes to make changes to your position, they must consult you first.  
  1. It is against the law to discriminate against a worker because you are or might be pregnant, you are breastfeeding or you are a parent or carer.  
  1. Reach out to your union immediately for support and advice if your employer proposes changes and you need help.   

Pregnancy loss  

If you lose a pregnancy, you may have access to paid leave entitlements under the Fair Work Act and Government Paid Parental Leave. These entitlements are listed below. If you have questions about your workplace rights, please reach out to your union for support.  

  • Government funded paid parental leave: If you were already eligible for government funded parental leave pay, and you lose your baby after 20 weeks, you are still entitled to receive paid leave. You can choose to either return to work or take time off. Whatever you decide, you are entitled to be paid government funded parental leave pay.  
  • Government funded Stillbirth Baby Payment: Alternatively, you can apply for a one-off payment. This is not a taxable payment, there is no work test and Services Australia use an estimate of your family’s adjusted taxable income to apply for the payment. You can find more information here on the Services Australia website.   
  • Compassionate leave: In addition to any other payments, if you or your partner has a miscarriage or a stillbirth, you have a right to paid compassionate leave from your employer. Workers can access a minimum of 2 days paid compassionate leave for each occasion. Compassionate leave is a separate entitlement from sick and carer’s leave.  
  • Sick and carer’s leave: In addition to any other payments, workers are entitled to a minimum of 10 days paid sick and carer’s leave each year. This leave can be used when you are sick and impacted by an unexpected emergency. For carer’s, leave can be taken to support your partner when they need care and support because of a personal illness or an unexpected emergency.  
  • Unpaid leave: Workers have a right to take up to 12 months unpaid parental leave. If you lose your baby after 20 weeks, you can choose to either: continue to access unpaid parental leave or, you can cancel your leave and return to work. Whatever you choose, you just need to let work know.  
  • Baby Priya’s Law (NEW): If you are covered by an enterprise agreement that provides employer paid parental leave, and you lose your baby after 20 weeks or your child dies, your employer cannot cancel your paid leave.  

Working while pregnant and safe job rights 

Every worker has the right to a safe workplace. If your job is unsafe for you during pregnancy, you have specific protections. 

Safe-job transfer right 

If it is unsafe for you to perform your usual duties while pregnant, your employer must transfer you to a safe job with the same pay, hours, and entitlements. This applies to full-time, part-time, and casual employees. 

If no safe job is available, eligible employees are entitled to paid ‘no safe job’ leave at their base rate of pay.This leave continues until a safe job is available or you start parental leave. 

Breastfeeding-break rights 

Anti-discrimination laws mean workplaces must protect breastfeeding parents. This includes the right to reasonable lactation breaks and access to a private, safe space (not a toilet) for expressing milk. 

Returning to work after maternity leave 

Union members have campaigned for strong protections to ensure a smooth and fair return to work after parental leave. 

Your right to your old job 

Upon returning from parental leave, you have the legal right to resume your pre-leave position or, if that role no longer exists, a comparable position. Demoting an employee because they took parental leave is unlawful. 

Right to request flexible work 

You have the right to request flexible working arrangements, such as part-time hours or remote work, to help balance work and family responsibilities. Your employer must respond in writing within 21 days and can only refuse on ‘reasonable business grounds’, with reasons provided. 

Breastfeeding facilities 

Employers should provide appropriate facilities and reasonable breaks for breastfeeding employees to express milk. This must be a clean, private, and secure space, not a bathroom. 

Discrimination protection 

It is illegal for your employer to discriminate against you based on pregnancy, family or carer’s responsibilities, or breastfeeding status. These are protected attributes under the Fair Work Act, Equal Opportunity Act and the Sex Discrimination Act. If you believe you are facing discrimination, you may have grounds for an unfair dismissal or discrimination claim. Reach out to your union for support.  

If you are made redundant while on leave 

If your role is made redundant while you are on parental leave, the redundancy must be genuine. Your employer cannot use your leave as a reason to dismiss you. If you suspect your redundancy is not genuine, contact your union immediately for advice and support regarding your rights to redundancy pay, unfair dismissal and discrimination. 

From 1 July 2026, eligible families can access up to 26 weeks (130 days) of government-funded Paid Parental Leave, paid at the national minimum wage. Many enterprise agreements offer additional employer-funded paid leave. 

Eligible workers are also entitled to take up to 12 months of unpaid parental leave in total; this includes the 26 weeks of government paid parental leave and any other paid leave you may plan to take, such as annual leave, long service leave, purchased leave, RDOs or ADOs. Under the Fair Work Act 2009, eligible workers can also request up to an additional 12 months of unpaid parental leave (2 years of parental leave in total).  

Under the National Employment Standards you are entitled to unpaid parental leave if you have completed 12 months of service with your employer before the expected birth or placement of your child.

If you are a casual employee you will need to show that you have a reasonable expectation of continuing employment on a regular and systematic basis to be eligible.

 

Yes, eligible casuals can access government-funded paid parental leave if they meet the work and income tests. Casual workers can also take up to 12 months of unpaid parental leave if they’ve worked regularly for 12 months for the same employer with a reasonable expectation of ongoing work.

Superannuation is only paid on ordinary time earnings; this means that superannuation is not typically paid on employer paid parental leave or unpaid parental leave.  

From 1 July 2025, the Federal Government will now pay 12% superannuation on Commonwealth Paid Parental Leave payments. This is a really important change that has been made following decades of union women campaigning to close the gender super gap.  

It is important to check your enterprise agreement, as some unions have negotiated superannuation to be paid on paid and unpaid parental leave.  

While there are some exceptions, you generally cannot receive government parental leave pay days if you are also working. You can find out more information about work and government PPL here on the Services Australia website.  

After you have accessed government paid parental leave, workers are entitled to access up to 10 ‘Keeping in Touch’ days.  

Keeping in touch days are: 

  • Paid at your ordinary date of pay  
  • You can use your keeping in touch days: 1 full day at a time, a part-day, a few days in a row or all at once  
  • Keeping in touch days are a really good opportunity to stay up to date with the workplace, maintain and refresh your skills. 

You can use a keeping in touch day for: team planning, joining an important meeting, professional development, training, attending a conference, completing a licence or ticket renewal; and/or, considering and planning for your return to work. 

No, you cannot be fired or demoted while on maternity leave. You are entitled to the same role as you had prior to your maternity leave. If an employer were to do so, this would be grounds for unfair dismissal and maternity discrimination.

 

There are 5 things you should know:  

  1. When you are ready to return to work after parental leave, you have a right to return to the position that you held immediately before you started parental leave.  
  2. If that position no longer exists, you have a workplace right to return to an available position which you are qualified to perform, and which is nearest in status and pay to your old job.   
  3. The Fair Work Act says that your employer must consult you while you are on parental leave about any workplace change that might impact you. If your employer proposes to make changes to your position, they must consult you first.  
  4. It is against the law to discriminate against a worker because you are or might be pregnant, you are breastfeeding or you are a parent or carer. 
  5. Reach out to your union immediately for support and advice if your employer proposes changes and you need help.   

Yes, you can take paid leave, including annual leave, at the same time as unpaid parental leave. Simply contact your employer and follow the standard process to request leave.

 

You don’t accumulate annual leave while on unpaid parental leave, unless you are on a keeping in touch day.

You may accumulate annual leave when you are on employer-funded paid parental leave. But you don’t accumulate annual leave when you are on unpaid parental leave from your employer, even if you are receiving the Federal Government Paid Parental Leave Scheme payments.

 

Pregnant employees can start unpaid parental leave up to six weeks before their due date, or earlier by agreement with their employer. For partners or adoptive parents, leave typically commences on the child’s birth or placement date. 

 

When there is a ‘transfer of business’ (I.e., another company takes over the business) you normally will continue with the same entitlements as you had under the first employer (as per your Award or agreement).

Legally, you have to have three months or less between being terminated from the first employer and then starting with the second employer. You also have to be doing very similar work as you were doing with the first employer.

As part of a ‘transfer of business’, if you have an enterprise agreement or an Award, they remain in place. Therefore, you still keep the same entitlements (including any clauses around paid parental leave).

 

When you come back from maternity leave, you have the right to return to the same role as you previously had.

You also have the right to discuss flexible work arrangements with your employer. This could include part-time work or remote work. These two rights are protected under the Fair Work Act 2009.

If you decide that you want to make a request for part-time, flexible or remote work, you will need to submit a written request to your employer.

In your request, clearly detail how many hours per week you’d like to work, and other arrangements such as days, shifts and locations. The best circumstance is a work agreement that meets the needs of yourself, your employer and your new family.

 

Your employer can only refuse a request for flexible work on ‘reasonable business grounds’ and must provide a written response within 21 days detailing these reasons. If you believe the refusal is unreasonable, reach out to your union. Your union can provide information about your rights at work, options you can consider, and support if you need to dispute a decision.   

If you’ve taken maternity leave, even as a casual worker, you’re still entitled to the same right to return to the same job as other workers.

The nature of casual work means that your employer may cut your shifts for entirely valid reasons. However, if something doesn’t seem right, contact your union because it is possible you may be facing discrimination.

 

You still have the right to return to the same job. Even if you’re physically struggling after coming back from maternity leave, your employer must provide you with ‘reasonable adjustments’ – unless doing so would cause your employer ‘unjustifiable hardship’. If your employer refuses to make ‘reasonable adjustments’, contact your union because this could be disability discrimination depending on the circumstances.

Negotiating parental leave? Your union has your back 

While the Federal Government’s Paid Parental Leave scheme provides a baseline, union members know that statutory minimums are just the starting point. Through collective bargaining, unions negotiate Enterprise Agreements that deliver superior parental leave benefits. For example, a union member recently negotiated an extended paid parental leave period through their enterprise agreement, allowing them an extra 12 weeks at full pay beyond the government scheme plus superannuation on paid and unpaid parental leave, demonstrating the power of collective bargaining. Secure the best support for your family’s new arrival. Join your union today and let us help you protect your rights. 

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