Maternity and paternity leave give you the right to take time off work if you are having a baby or adopting a child.

You can take maternity or paternity leave when:

• You give birth;
• Your partner gives birth;
• You adopt a child aged 16 or younger.

The NES, alongside most awards and enterprise agreements offer maternity and paternity leave.

This leave is usually unpaid, but some awards and agreements do offer paid maternity and paternity leave.

You may also be able to access the government’s Paid Parental Leave Scheme, or other types of leave relating to having or adopting a child.

If you have questions about your maternity and paternity leave entitlements, contact your AWU delegate, or join the union!

Maternity leave was a union win

Maternity leave became standard in 1971 after a long union campaign.

The union movement also helped to secure maternity and paternity leave for casual workers in 2001.

And unions, including the AWU, continue to campaign to protect and extend the rights of employees who are having or adopting a child.

Am I eligible for maternity and paternity leave?

All employees are entitled to 12 months’ unpaid parental leave.

If you need more, you can ask your employer to grant you up to another 12 months.

To take parental leave you must have been working for your employer for at least 12 months, and be the child’s primary care-giver.

You are entitled to 12 months’ leave measured from the expected date of your child’s birth.

If you are adopting, the 12 months count from when you will begin to start caring for your child.

If you are planning to have another child, you do not need to wait another 12 months before taking leave again.

If you are planning to adopt, you can also take up to two weeks’ unpaid pre-adoption leave. (This is often needed to attend interviews, examinations and other appointments.)

You must give your employer 10 weeks’ notice before taking maternity or paternity leave.

This notice must be in writing, and indicate how much leave you intend to take, including start and end dates. However, should you need to, you may be able to adjust the date you return to work later on.

It is illegal for your employer to dismiss you or discriminate against you for taking maternity or paternity leave.

If you feel that you are being treated unfairly, contact your AWU delegate or join the union!

What if I am a casual?

If you are a casual employee, you also have the right to take unpaid maternity or paternity leave so long as:

• You have been working for the same employer on a regular basis for at least 12 months.
• You would have continued to work for your employer if you had not adopted or had a child.

What about paid parental leave?

Many enterprise bargaining agreements provide paid parental leave.

Any paid leave entitlement is in addition to the Federal Government’s Paid Parental Leave Scheme, which provides up to 18 weeks of paid leave if you are having or adopting a child.

If you are eligible for this payment, you will be paid the minimum wage while you are on the scheme, not your usual salary. To be eligible you must:

• Be the primary carer of a newborn or newly adopted child.
• Have earned less than $151,350 in the last financial year.
• Not be intending to do any paid work while you are receiving the Paid Parental Leave payment.
• Be able to meet the criteria of a number of income, employment and residency tests.

If you are eligible for the Paid Parental Leave Scheme, you still have the right to take up to 12 months of unpaid leave from your work. There is nothing to stop you accessing both at the same time.

To find out if your enterprise bargaining agreement provides for paid leave, contact your AWU delegate or join the union!

Partner Pay

The Federal Government also offers up to two weeks of leave paid to partners of those who are having or adopting children.

Like the Paid Parental Leave Scheme, Partner Pay is paid at the minimum wage.

To qualify for Partner Pay you must:

• Have caring responsibilities for a newborn or newly adopted child.
• Have earned less than $151,350 in the last financial year.
• Not be working or taking paid leave during your Partner Pay period.
• Be able to meet the criteria of a number of income, employment and residency tests.

To find out whether you are eligible, visit the Services Australia website.

Special Maternity Leave

If you experience an unexpected complication with your pregnancy or get a pregnancy-related illness you can access special maternity leave.

You must be within 28 weeks of your expected birth date to access special maternity leave. This leave is unpaid, but you can take as much as you need until you are ready to return to work.

Taking special maternity leave does not affect how much maternity leave you can take – it is a separate type of leave.

To find out if you are eligible, contact your AWU delegate or join the union!

Working while pregnant, and safe jobs

If it is not safe for you to do your job while you’re pregnant, then you have the right to move to a job that is safe.

If you move to a safe job, you are entitled to the same rate of pay, hours and other entitlements that you had at your old job.

This applies to full-time, part-time and casual employees.

If there is no safe job available, you can take No Safe Job Leave.

No Safe Job Leave is paid at your base rate of pay for your ordinary hours of work. This excludes bonuses and other entitlements you would normally receive.

If you are a casual employee entitled to unpaid maternity or paternity leave, No Safe Job Leave is paid at your base rate for the average number of hours you usually work, excluding penalty rates and other entitlements you would normally receive.

If you are not entitled to unpaid maternity or paternity leave, then you will need to take No Safe Job Leave without pay.

No matter what kind of No Safe Job Leave you take, you can take as much as you need until it is safe for you to return to your normal job, or you commence maternity leave.

If you are unsure whether or not your job is safe to do while you are pregnant, contact your AWU delegate or join the union!