Maternity leave in Australia: your leave, your pay, your notice

In Australia, "maternity leave" is really two things: time off your employer must give you, and money from the government or your employer. Here is how they fit.

Updated October 13, 2026 · sources checked October 13, 2026

In short

In Australia, employees with 12 months' service can take up to 12 months of unpaid parental leave and ask for 12 more, up to 24 months in total. You must give 10 weeks' written notice and confirm dates 4 weeks before. Pay comes separately: government Parental Leave Pay, plus any employer-funded leave, which you can receive together.

Leave and pay are two different things

	Unpaid parental leave	Parental Leave Pay	Employer-funded leave
What it is	Time off work, with your job protected	Money from the Australian Government	Money from your employer
Who decides	The Fair Work rules	Services Australia	Your award, agreement, contract or policy
Main condition	12 months with your employer	Income test, work test, residence rules	Your employer's rules
How long	Up to 12 months, extendable to 24	Up to 130 days for the family (babies from 1 July 2026)	Varies

You can have all three. Pregnancy, Birth and Baby is clear that employer-funded leave does not reduce your Parental Leave Pay, and Services Australia confirms you can take Parental Leave Pay before, during or after paid or unpaid employer leave, including annual leave and long service leave.

Unpaid parental leave: the rules (as of October 2026)

These are the Fair Work rules as summarised by the Australian Government's Pregnancy, Birth and Baby service:

You need to have worked for your employer for at least 12 months before the birth or adoption.
You can take it if you give birth, if your spouse or de facto partner gives birth, or if you adopt a child under 16.
Each parent can take up to 12 months, and can request a further 12 months. The total cannot exceed 24 months, and leave must be completed within 24 months of the birth or adoption.
Casual employees qualify if employed on a regular and systematic basis for at least 12 months, with a reasonable expectation of continuing.
If you have another child with the same employer, you do not need to work another 12 months first.
After a stillbirth or the death of an infant in the first 24 months of life, you can still take up to 12 months of unpaid parental leave.

Flexible unpaid days

Most unpaid leave is taken in one continuous period, but part of it can be used flexibly, in single days or short blocks:

Child's birth or adoption	Flexible unpaid leave available
Between 1 July 2024 and 30 June 2025	Up to 110 days
Between 1 July 2025 and 30 June 2026	Up to 120 days
On or after 1 July 2026	Up to 130 days

The notice to give your employer

At least 10 weeks' written notice before your unpaid parental leave starts.
Confirm your dates 4 weeks before the leave starts.
Services Australia also recommends talking to your employer at least 10 weeks before the expected birth about Parental Leave Pay, because your employer may need to register to pay it.

A simple notice you can adapt

Dear [manager], I am giving notice that I intend to take unpaid parental leave for the birth of my child, expected on [date]. I plan to start my leave on [date] and return on [date], and I will confirm these dates at least 4 weeks before my leave begins. I also intend to claim Parental Leave Pay [through payroll / directly from Services Australia]. Kind regards, [name]

Check your award or agreement, or the Fair Work Ombudsman, for the evidence your employer can ask for.

Your rights while pregnant and when you return

It is against the law to discriminate against someone because they are pregnant or might become pregnant. You have the right to keep working under the same conditions, and to return to the job you held before your parental leave; if it no longer exists, to an available position you are qualified for. You can request flexible working arrangements, for example a gradual return over a few weeks. Breastfeeding at work is also protected from discrimination.

Putting the pieces together: an example

Mia has worked full time for 3 years. Her employer pays 12 weeks of parental leave. Her baby is due in October 2026.

In July she gives written notice of 12 months of unpaid parental leave, and confirms the dates in September.
She claims Parental Leave Pay in July (up to 3 months before the due date). Her partner will take the 20 reserved days.
After the birth she receives her employer's 12 weeks, then her Parental Leave Pay days: the employer's leave does not reduce them.
She keeps a few Parental Leave Pay days to use on weekends after she returns, within 2 years of the birth.

Questions parents ask

How long is maternity leave in Australia?

Up to 12 months of unpaid parental leave for each eligible parent, with the right to request another 12 months, up to 24 months in total. Paid time depends on Parental Leave Pay (up to 130 days for a family, for babies born from 1 July 2026) and your employer's scheme.

Is maternity leave paid in Australia?

The leave itself is unpaid under the Fair Work rules, but most working parents can get Parental Leave Pay from the government, at the national minimum wage, and many employers add their own paid leave.

How much notice do I need to give my employer?

At least 10 weeks' written notice before unpaid parental leave starts, then confirm your dates 4 weeks before the leave begins.

Can casual employees take maternity leave?

Yes, if they have been employed on a regular and systematic basis for at least 12 months and would have expected to keep working if not for the birth or adoption.

Sources

Pregnancy, Birth and Baby — Paid and unpaid parental leave, things to consider checked October 13, 2026
Pregnancy, Birth and Baby — Parental rights checked October 13, 2026
Services Australia — Claiming timeframes for Parental Leave Pay (employer-funded leave) checked October 13, 2026
Services Australia — How much Parental Leave Pay you can get checked October 13, 2026

Mamavela explains; it does not replace your midwife, doctor or pediatrician, who know your situation. If something worries you, call them. In an emergency, call 911 (US), 999 (UK) or 112.