Member's Guide to ADF Pay and Conditions in Australia – see Disclaimer – check PACMAN for full details

5.5 Maternity leave

Maternity leave gives leave to female members who become pregnant. This allows them to take leave for the final stage of their pregnancies, when they may not feel fit for work. It also allows them time to recover from childbirth.

What leave do you get?

Maternity leave gives members an entitlement to 52 weeks' leave. For women with 12 months' service or more, the first 14 weeks of this leave is at full pay. The rest will normally be unpaid maternity leave.

If you apply, you may be granted paid maternity leave at half pay. Your 14 weeks' paid leave will last 28 weeks at half pay. You may take all or part of the leave at half pay.

You can take other leave during this time. You can replace some, or all, of your period of unpaid maternity leave with recreation or long service leave if you wish to. This will not extend the 52-week period.

You cannot replace the paid maternity leave with recreation or long service leave. This is true even if you want to take the paid maternity leave later. If you are entitled to paid maternity leave, you must take it first.

When can you take it?

You are normally required to be absent from six weeks before your baby is due, until six weeks after your baby is born. During this time you are not allowed to work.

If you have a medical certificate from your doctor stating that you are fit to work, you may be allowed to work up until the day before your baby is due. Your maternity leave will then start the day after you stop work. Remaining at work until a date that is closer to the day your baby is due will not affect the amount of maternity leave that you are entitled to. You can then take the rest of your maternity leave, if you want to.

If you are placed on convalescence (owing to your pregnancy or another reason), you will serve it at the same time as your maternity leave.

If your pregnancy ends before you have left work your entitlement depends on when your baby was due.

If your pregnancy ends on a date within 20 weeks before your baby was due these conditions apply.

· You are entitled to normal maternity leave.

· You are only required to be absent for six weeks after the birth (ie you can come back after then, or earlier with a medical certificate).

· Twelve weeks' paid maternity leave is available.

· Other leave may be taken, up to 52 weeks.

· This applies even if it was not a live birth.

If your pregnancy ends earlier than 20 weeks before your baby was due these conditions apply.

· You have no maternity leave entitlement.

· If you need leave because you are unfit for duty, normal sickness arrangements apply.

What do you need to do?

You need to give written notice of your pregnancy to your supervisor, supported by a note from your doctor, stating when your baby is expected.

What about coming back to work early?

If you want to resume work when you are required to be absent you will need a medical certificate to say you are fit. This applies if you want to come back earlier than six weeks after the birth of your child.

Other things to know

If you have been granted leave without pay of more than six weeks, before you advise you are pregnant, and the two types of leave overlap, you will have to take the leave without pay rather than maternity leave for the overlap period.

Fathers and adoptive parents cannot get maternity leave. You may be able to get additional leave without pay to care for your baby (see 5.6, Parental Leave).

Maternity leave without pay can affect many other conditions (see 5.11).

Application to Reservists:  No, except for Reservists on continuous full-time service. Reservists on reserve service should see 5.6, Parental leave.

Reference:  ADF Pay and Conditions Manual, Chapter 5 Part 4