Maternity leave in Australia centres on the Paid Parental Leave (PPL) scheme, which provides 18 weeks of government-funded payment at the national minimum wage to eligible birth mothers and primary carers. On top of that, eligible parents may also access up to 20 weeks of Government Parental Leave Pay, stacking to a combined 38 weeks of government-supported leave. The system is funded by the federal government, not the employer — but employers play a key role in facilitating payment and managing workplace leave entitlements under the Fair Work Act 2009.
This guide covers how the Australian maternity leave system works in 2026: the PPL scheme, the Work Test, the Newly Arrived Resident’s Waiting Period, employer obligations, state-based paid parental leave top-ups, and the interaction with the National Employment Standards (NES).
Key takeaways
- The federal Paid Parental Leave scheme provides 18 weeks of payment at the national minimum wage (currently $176.55 per day before tax) to the birth mother or adopting parent.
- The Government Parental Leave Pay provides up to 20 weeks at the minimum wage for eligible parents, which can be shared between parents.
- Combined, eligible parents can access up to 38 weeks of government-funded parental leave.
- The payment is delivered through the employer if the employee meets the Work Test (330 hours worked in 10 of the 13 months before the expected birth date).
- The National Employment Standards provide 12 months of unpaid parental leave, with an option to request a further 12 months.
The federal Paid Parental Leave scheme
The Paid Parental Leave scheme is administered by Services Australia (formerly Centrelink) and funded entirely by the federal government. It is not a payment from the employer — the employer’s role is to pass the payment through to the employee where applicable.
The scheme provides:
- 18 weeks of Paid Parental Leave Pay at the national minimum wage for the birth mother or primary adoptive parent.
- The birth mother must take the initial 18 weeks — it cannot be transferred to the other parent.
- The payment is taxable and must be reported as income.
To receive the payment, the claimant must meet a Work Test, which requires:
- 330 hours of work in 10 of the 13 months before the child’s expected birth or adoption date.
- Work must be paid (not voluntary) and at or above the national minimum wage.
- Self-employment also counts if the individual is an Australian resident for tax purposes.
The Work Test is one of the most commonly missed eligibility criteria. The 10-month requirement within a 13-month window means that parents who took extended leave from a previous pregnancy may fall short. Services Australia provides a Work Test estimator to check eligibility before applying.
Government Parental Leave Pay (the second 20 weeks)
In addition to the 18 weeks of PPL, eligible parents can access the Government Parental Leave Pay — a further 20 weeks of payment at the national minimum wage. This component:
- Can be taken by either parent (or shared between them).
- Is separate from the 18-week PPL scheme.
- Must be taken within 12 months of the child’s birth or adoption.
- Requires the same Work Test and residency criteria as the base PPL.
Combined, the 18 weeks of PPL and 20 weeks of Government Parental Leave Pay give eligible families up to 38 weeks of government-funded parental leave. This is the maximum government support available; it does not stack further with the base PPL beyond 38 weeks.
The National Employment Standards: 12 months unpaid leave
Beyond the paid scheme, the Fair Work Act 2009, section 71 provides all employees with 12 months of unpaid parental leave. Key features:
- Available to employees with at least 12 months of continuous service with their employer.
- The leave can be taken as a single continuous period or, with the employer’s agreement, in separate periods.
- An employee may request an additional 12 months of unpaid leave (up to 24 months total), and the employer must not unreasonably refuse.
- The leave is available to both parents, including birth mothers, birth fathers, and adopting parents.
- Both parents can take the leave at the same time.
The unpaid leave entitlement is separate from the paid government scheme. An employee may receive the government payment while on unpaid leave from the employer — the two are not mutually exclusive.
How the payment flows through the employer
Where the employee meets the Work Test and is employed at or above the minimum hours threshold, the payment is made through the employer. The process works as follows:
- The employee applies for Paid Parental Leave through Services Australia.
- If approved, Services Australia notifies the employer.
- The employer pays the employee the PPL amount as part of their regular pay cycle, and Services Australia reimburses the employer.
- The employer must not require the employee to use other paid leave (such as annual leave or long service leave) before receiving PPL.
Importantly, the employer cannot refuse to facilitate the payment. The obligation to pass through the government payment is mandatory for employers with staff meeting the eligibility criteria.
Employer obligations under the Fair Work Act
Australian employers have specific duties during parental leave:
- Job protection: The employee’s position is protected for 12 months (or 24 months if an extension is requested). The employer must hold the position open or offer a comparable role on return.
- No adverse action: Dismissing an employee because of pregnancy or the taking of parental leave is prohibited under section 351 of the Fair Work Act.
- Superannuation: Employers must continue to pay superannuation contributions during unpaid parental leave for up to 12 months. This is mandatory under the Superannuation Guarantee (Administration) Act 1992.
- Notification requirements: Employees must give at least 10 weeks’ notice of their expected leave date, and the employer must respond to requests for flexible arrangements upon return.
- Pay parental leave and other leave interaction: Employees cannot be required to use annual leave or long service leave in lieu of the PPL payment.
State-based paid parental leave top-ups
Several Australian states and territories have introduced additional paid parental leave entitlements for public sector employees and, in some cases, local government workers:
| State / Territory | Additional Paid Leave | Key Details |
|---|---|---|
| New South Wales | 14 weeks | Public sector employees; at full pay |
| Victoria | 16 weeks | Public sector employees; at full pay |
| Queensland | 14 weeks | Public sector employees; at full pay |
| Western Australia | 14 weeks | Public sector employees; at full pay |
| South Australia | 14 weeks | Public sector employees; at full pay |
| Tasmania | 14 weeks | Public sector employees; at full pay |
| ACT | 14 weeks | Public sector employees; at full pay |
| Northern Territory | 14 weeks | Public sector employees; at full pay |
These top-ups are in addition to the federal 18 weeks of PPL and any private sector leave. They apply only to public sector employees in most cases — private sector employees must rely on the federal scheme and any employer-provided benefits.
Calculating your combined entitlement
A worked example helps illustrate how the different layers stack:
Scenario: Sarah is a marketing manager in New South Wales. She has been with her employer for three years and meets the Work Test.
| Leave Type | Duration | Pay |
|---|---|---|
| Federal PPL | 18 weeks | National minimum wage |
| Government Parental Leave Pay | 20 weeks | National minimum wage |
| NSW public sector top-up (if applicable) | 14 weeks | Full salary |
| Unpaid parental leave (NES) | Up to 12 months | Unpaid |
| Total paid leave | Up to 52 weeks (if NSW public sector) | Minimum wage + top-up |
For a private sector employee, the paid entitlement is 38 weeks at the national minimum wage, with the option to take unpaid leave for up to 12 months. Many employers offer additional paid leave as a benefit — always check the enterprise agreement or employment contract.
Applying for Paid Parental Leave
The application process through Services Australia involves:
- Create a claim online through myGov or by calling Services Australia.
- Provide supporting documents: birth certificate or hospital confirmation, proof of identity, Work Test evidence, and bank details.
- Employer notification: Services Australia will contact the employer if the employee elects for payment through them.
- Payment timing: Payments are typically made in arrears — the first payment may take 4-6 weeks to process after the birth.
The claim must be lodged within 12 months of the child’s birth or adoption. Late claims may be accepted in limited circumstances.
Common pitfalls for employers
1. Requiring annual leave before PPL
Employers cannot require employees to use annual leave or long service leave before accessing the government PPL. Doing so breaches the Fair Work Act and may result in a claim for adverse action.
2. Failing to hold the position open
The employee’s position (or an equivalent role) must be available on their return. This applies for 12 months, or 24 months if an extension was granted. Offering a less favourable role on return is a breach of the NES.
3. Ignoring the superannuation obligation
Superannuation must continue to be paid during unpaid parental leave for up to 12 months. The obligation is calculated on the employee’s ordinary time earnings before leave commenced.
4. Not responding to return-to-work flexibility requests
Under the Fair Work Act, employers must genuinely consider requests for flexible working arrangements on return from parental leave. Refusing without a reasonable business ground may be challenged.
For more Australian leave context, see our guide to annual leave entitlements in Australia and the overview of the main types of leave employers manage.
Frequently asked questions
Can the father also receive Paid Parental Leave?
Yes. The birth father is eligible for the Government Parental Leave Pay component (up to 20 weeks) but not the base 18-week PPL, which is reserved for the birth mother. The father must meet the same Work Test and residency criteria.
Does the government payment replace employer-provided paid leave?
No. The PPL is a separate government payment. If the employer offers paid parental leave as a benefit, the employee may receive both — but the government payment cannot be less than the employer’s paid leave without a top-up.
How long do I have to claim Paid Parental Leave?
Claims must be lodged within 12 months of the child’s birth or adoption. Late claims may be accepted where there are exceptional circumstances.
What if I don’t meet the Work Test?
If you don’t meet the Work Test, you won’t be eligible for the federal PPL. You may still be entitled to unpaid parental leave under the NES and any employer-provided paid leave.
Can my employer refuse my parental leave request?
The employer cannot refuse the initial 12 months of unpaid parental leave. They can refuse a request for an additional 12 months, but only on reasonable business grounds, and the refusal must be in writing.
Putting it into practice
Five steps cover most Australian maternity leave compliance:
- Verify the employee’s Work Test eligibility before the birth — do not wait until after.
- Configure the payroll system to pass through the PPL payment and keep it separate from regular salary.
- Calculate and pay superannuation during unpaid leave for up to 12 months.
- Hold the employee’s position open (or equivalent) for the full leave period.
- Respond to any return-to-work flexibility request in writing within a reasonable timeframe.
A leave management system that tracks government-funded parental leave alongside unpaid leave, holds superannuation obligations on the employee record, and flags return-to-work flexibility requests keeps Australian employers compliant without manual spreadsheet tracking.
Sources
- Services Australia — Paid Parental Leave (primary source)
- Fair Work Act 2009 — National Employment Standards, section 71
- Superannuation Guarantee (Administration) Act 1992
This article is general information, not legal advice. Paid Parental Leave rates and eligibility criteria change annually — confirm current figures with Services Australia and the Fair Work Ombudsman.