Your entitlement to parental leave, which includes maternity leave, is set down in either the Industrial Relations Act 1996 (NSW) or the Workplace Relations Act 1996 (Commonwealth). Commonwealth/federal law will apply to you if you are employed by a constitutional corporation. This brochure uses 'company' to describe employers covered by federal law.
Other laws, awards, enterprise agreements and contracts of employment may provide additional entitlements to maternity leave, including paid maternity leave, or may govern your entitlements to maternity leave, for example if you are a NSW or Commonwealth public servant. It is important you ask your employer about workplace policies and arrangements relating to maternity leave and also what options you may have upon returning to work.
Depending on the way your pay is set (by an award for example) you may be entitled to request maternity leave of up to two years, including eight weeks simultaneous leave with your partner around the time of your child's birth, and part-time work until your child goes to school. Your workplace may have other policies about maternity leave, or working on a part-time or flexible basis while you are pregnant or upon returning to work. It is important that you check with your employer or union about additional entitlements which may apply in your workplace. You should contact the NSW Office of Industrial Relations (OIR) on 131 628 to double check what your entitlements may be to leave or part-time work during and after your pregnancy.
A separate brochure Parental Leave is available from the OIR in a number of community languages.
There are three types of parental leave. All provide for a minimum entitlement of unpaid leave.
Maternity leave is unpaid leave taken by a female employee during or after pregnancy. In general, you can take up to 52 weeks of maternity leave. Special maternity leave is taken by a female employee to recover from a terminated pregnancy, when the child is still-born or when the mother is ill because of the pregnancy. Paid sick leave may be taken instead of special maternity leave.
Paternity leave is unpaid leave taken by a male employee in connection with the birth of his child or his spouse's (including de facto spouse's) child. Short paternity leave is for up to one week at the time of the birth of the child or other termination of the pregnancy. Extended/long paternity leave of up to 51 weeks after the birth is for a male employee who is to be the child's primary care giver. Leave referred to in this booklet as paternity leave will be called partner leave in the New South Wales Industrial Relations Act 1996 following the enactment of the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Partner leave may also apply to same sex partners in some circumstances. To find out more about paternity leave please contact the OIR on 131 628 or see the OIR's brochure Parental Leave.
Bookmarks