Budget living

What are my rights as a new mum?

Adrian Raftery
Friday, June 18, 2010
Getty
Having a baby? Then find out about your maternity leave entitlements.

Government-paid maternity leave around the world varies from 68 weeks in Sweden to 39 weeks in the UK and 12 weeks in China to no weeks in the US and Australia.

Last year, there was a lot of talk about the federal government introducing an 18-week paid maternity leave scheme. But there's no funding for the scheme in next year's budget, so where does that leave our mums-to-be?

Can I take leave?

If you have been working full-time or part-time for 12 months with your employer, you are entitled to take up to 52 weeks of unpaid maternity leave. If you're a casual, you need to have worked on a regular basis for 12 months and intend going back to your job. Maternity leave is guaranteed under the law.

Can my partner take leave?

When your child is born, your partner is entitled to take "short paternity leave" for up to a week. If your partner plans on being the primary carer and you are returning to work, then "extended paternity leave" is allowed for up to 51 weeks. But both of you can't be on leave at the same time. If, for example, you have six weeks off after the birth, your partner will only be entitled to 46 weeks when you return to work.

Is the leave paid?

Unless your company has a policy or it's stipulated in your employment contract, maternity leave is unpaid. However, a lot more companies are starting to offer paid maternity leave.

How do I apply?

Check with your employer, but generally you need to give a letter of intent to take leave, supplying your start and finish dates and any dates requested by your partner for paternity leave.

Notice periods vary from four to 10 weeks. If you intend to work up until the birth, you may need to provide a medical certificate indicating you're fit to work. If your baby comes early, notify your employer in writing within two weeks of the birth.

Returning to work

Make sure you give your employer a letter of intent with a return date before you start your leave. If the date changes, notify your work in writing. When you go back to work, it should be to the same job, but if this isn't possible, it must be a similar job.

For more information, visit www.workplace.gov.au. Support paid maternity leave at www.nfaw.org/paid-maternity-leave. .

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