Maternity leave rights to return to your previous position are strongly supported by legislation and industrial law in NSW.
Female employees are entitled to up to 52 weeks of unpaid maternity leave after the birth of a child. Special maternity leave may be granted for recovery from a pregnancy termination or an illness related to pregnancy.
You are entitled to return to your former position and in the event of restructuring whilst you are away, it is your employers duty to consult with you on your role.
Paternity leave
Male employees are entitled to a period of paternity leave after their spouse has given birth.
This can be taken as:
- Short paternity leave - an unbroken period of leave up to a week's duration, at the time of birth or pregnancy termination; or
- Extended paternity leave - a further period of unbroken leave, taken in order to be the primary care provider of the child.
- Total paternity leave can not exceed 52 weeks for each child.
Adoption leave
You are entitled to take adoption leave after the adoption of a child under the age of 5 years.
This can be taken as:
- short adoption leave - an unbroken period of up to three weeks, taken at the time of the adoption placement; or
- extended adoption leave - a further period of unbroken leave, taken in order to be the child's primary care-giver.
* On return from parental leave, employees have the right to all entitlements and seniority that they had earned before the leave was taken.
|
