Maternity Leave
Public Service
Required period of absence
An employee who is pregnant must absent herself from duty for the period commencing six weeks prior to the expected date of the child's birth until six weeks after the actual date of confinement. 'Confinement' here means the birth of a child, or termination of pregnancy that occurs not earlier than twenty weeks before the expected date of the child's birth. 'Confined' has a corresponding meaning.
Where the employee gives birth earlier than six weeks before the expected date of the child's birth, the required period of absence is six weeks commencing on the date of birth of the child. Should the birth occur later than the expected date of the child's birth, the overall paid leave component shall not exceed fourteen weeks.
An employee who wishes to attend for duty during any part of the required absence may do so if the manager is satisfied that the:
- attendance of the employee is required;
- the employee will be fit for her normal duties for the relevant period (proved by medical certificate); and
- the employee's attendance for duty will not adversely affect the work unit's operations.
Where an employee is permitted to attend for duty during part of the required absence period before the birth of the child, maternity leave commences from the first day of absence from duty.
Leave for early termination of pregnancy
Where the pregnancy terminates less than twenty weeks before the expected date of confinement and results in the birth of a stillborn child, the employee is entitled to paid maternity leave and additional leave without pay to a maximum six months period of absence following the termination, or a longer period where it is medically certified.
Where the pregnancy of an employee terminates more than twenty weeks before the expected date of confinement, other than by the birth of a living child, the employee has no entitlement to maternity leave.
Paid maternity leave
An employee, other than a casual, is eligible for the equivalent of fourteen weeks' paid maternity leave provided that the employee has had a minimum of twelve months' continuous paid service prior to the commencement of the required period of absence.
An employee must have twelve months' continuous paid service between periods of maternity leave where she did not previously satisfy this requirement and thus had no entitlement to paid maternity leave.
The conditions regarding qualifying service for maternity leave and payment during a period of leave are specified on the parental absence page.
Paid service does not include any period of casual employment or the period, if any, during which an employee attends for duty during the six weeks prior to the expected date of birth.
The fourteen week period is the only paid component of maternity leave. All other leave is without pay. Where an employee has no entitlement to paid maternity leave, an application for unpaid leave must be submitted to cover the required absence period.
An employee who has been on leave without pay in excess of 52 weeks does not have an entitlement to paid maternity leave whilst on such leave without pay.
Pay while on maternity leave
An employee who reduces the time fraction she works to better cope during pregnancy will not have her subsequent paid maternity leave reduced accordingly. Similarly, an employee ceasing long service leave on half pay immediately before commencing maternity or family leave shall be deemed to have received long service leave with full pay. The Department may allow an employee to take maternity leave at half pay for a period equal to twice the period to which the employee would otherwise be entitled.
Unpaid maternity leave
An employee is entitled to maternity leave without pay provided the:
- employee is the child's primary care giver throughout the period of leave; and
- aggregate period of leave granted (including any paid leave) does not exceed 52 weeks; and
- period of leave does not extend past the child's first birthday.
An employee has the right to request a further continuous period of unpaid leave not exceeding 12 months after the entitlement of 14 weeks paid maternity leave and 38 week’s unpaid maternity leave.
An eligible casual employee is entitled to unpaid maternity leave. The conditions regarding the eligibility of casual employee’s for such leave are specified on the parental absence page.
Effect on annual leave entitlement
Any absence by an employee on maternity leave (paid or unpaid) of greater than 6 months is not included as service for annual leave purposes.
Transfer to a safe job
Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if practicable, be transferred to a safe job with no other change to the employee’s terms and conditions of employment until the commencement of maternity leave.
If it is not reasonably practicable to transfer the employee to a safe job, the employee may take paid leave, or be required to take paid leave immediately for a period which ends at the earliest of either the:
- employee is certified unfit to work during the six week period before the expected date of birth by a registered medical practitioner; or
- employee’s pregnancy results in the birth of a living child or when the employee’s pregnancy ends otherwise than with the birth of a living child
Return to Work
An employee must confirm her intention of returning to work by notice in writing to the Department, given not less than four weeks prior to the expiration of the period of maternity leave.
The return to work can be on a part-time basis by agreement between the employee and the manager until the commencement of the child's schooling. The Department will not unreasonably withhold agreement to such part-time work requests.
Refer to Procedures heading on the parental absence page for further details.
Supporting documentation
An application for maternity leave must be lodged in advance and must include a medical certificate that states that the employee is pregnant and the expected date of her confinement.
When an employee provides such an application, a statutory declaration must also be submitted stating any period of partner leave sought or taken by the employee’s spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her terms and conditions of employment.
Teaching Service | Public Service
Other Resources
Procedures & Forms
- Parental Absence Application (Word - 290Kb) (Maternity/Partner/Adoption)
Legislation
Related Topics