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Maternity leave plays a key role in supporting employees during this important life stage while helping the business manage staffing transitions. Good employers are familiar with maternity leave requirements, compliance obligations and ways to support their employees. Understanding and complying with parental leave requirements is essential for meeting legal obligations and fostering a positive workplace environment.

Key takeaways:

  • Maternity leave supports employees by giving them time to care for their families while securing their job position
  • Offering paid leave or flexible work arrangements can increase employee satisfaction, retention and talent attraction
  • Clear communication, planning and ongoing support help ensure a smooth transition during maternity leave and the return to work process

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What is maternity leave in Australia?

Maternity leave, often referred to as parental leave, is a period of time employees can take off work to care for a newborn or newly adopted child. Under Australian law, eligible employees are entitled to up to 12 months of unpaid leave, with the option to request an additional 12 months. The Fair Work Act 2009 protects employees during this period and ensures they can return to their role or a comparable one once their leave ends.

In addition to unpaid leave, employees may be eligible for government-funded Parental Leave Pay (PLP), which offers 18 weeks of pay at the national minimum wage. Some businesses provide additional paid maternity leave as part of their benefits package to increase employee retention rates and boost job satisfaction among their staff.

Related: Guide to Paid Parental Leave in Australia

What are employer obligations regarding maternity?

Compliance with parental leave laws requires businesses to offer eligible employees access to unpaid parental leave while holding their position within the company for them. Protecting their job is important and ensures employees can return to their original or equivalent role when their leave concludes. Managing requests for leave extensions beyond 12 months in consideration of reasonable business grounds is another important task businesses have.

Employers also need to maintain employee benefits, such as annual leave and long service leave accruals, during the unpaid leave period. Businesses need to communicate these entitlements to their staff to be transparent and help them prepare for their time off.

Related: Family Matters: Aussie Employers Highlight Parental Leave Perks

How to determine eligibility for maternity leave?

Employees are eligible for parental leave if they have completed at least 12 months of continuous service with the business by the expected birth or adoption date. This eligibility applies to full- and part-time employees and regular casual staff. Furthermore, employees have to give at least ten weeks’ notice of their intention to take leave and submit relevant medical or adoption documentation as evidence.

Being aware of these eligibility requirements means businesses can process leave applications efficiently while ensuring compliance with their legal obligations. Clear internal policies can guide both managers and employees through this process and reduce uncertainty.

Managing maternity leave requests

Handling maternity leave requests effectively ensures minimal disruption to operations and promotes a positive working environment. This is where the company’s leave policies come in. They need to outline how exactly employees can apply, what documents need to be submitted and what processes will be followed during their absence.

It is important to plan for temporary replacements and reassign tasks to ensure business continuity. Depending on the employee’s role, hiring contract staff or redistributing responsibilities among team members can prevent any operational gaps. Staying in touch with the staff members throughout their leave period helps employees feel connected and valued, which will make their transition back into the workforce easier.

When an employee requests an extension of their leave beyond the initial 12 months, businesses need to respond in writing to ensure compliance with the Fair Work Act. Decisions regarding these requests must be made based on reasonable business grounds and balance the company’s operational needs with employee well-being.

How to support employees during maternity leave?

In addition to offering statutory leave, some businesses provide paid parental leave to enhance employee satisfaction and reduce turnover. Flexible work arrangements, such as part-time hours or remote work, can further support employees returning to work after parental leave. What’s more, providing access to well-being services or offering childcare support can help new parents manage the demands of work and family life.

Employers that offer additional support demonstrate that they care for their employees, which can foster loyalty among staff. These efforts also contribute to a positive workplace culture, a key aspect of attracting and retaining talent.

Related: Employer-funded paid parental leave in Australia is changing – what the removal of primary and secondary carer labels means for employers

What is government-funded Parental Leave Pay (PLP)?

The Parental Leave Pay (PLP) is a financial support scheme for employees who take parental leave, providing 18 weeks of pay at the national minimum wage. To qualify, employees must meet specific criteria, such as working at least 330 hours ten months before the birth or adoption and earning below the income threshold.

Employers facilitate PLP payments by processing them through their payroll systems to ensure employees receive their entitlements promptly. Clear communication with workers about the PLP process helps avoid confusion and ensures that everything goes smoothly from an administrative perspective.

How to support the employee’s return to work?

Helping employees transition back to work after maternity leave is key for long-term staff retention. To this end, drafting a personal return-to-work plan with each employee sets clear expectations and supports their reintegration. For example, employers may want to offer phased returns, flexible hours or remote work options to accommodate the needs of new parents.

Regular check-ins during the transition period provide opportunities to address any issues and adjust the arrangements if needed. Finally, offering access to parental support programs or counselling can help employees feel supported.

Related: Dad and Partner Pay – Parental Leave Guidelines for Australian Fathers in Employment

Why is it important to support employees through maternity leave?

Investing in supportive maternity leave policies comes with several benefits for businesses. Firstly, employees who feel valued and supported are more likely to return to work after having their child. This, in turn, reduces staff turnover and saves on recruitment costs. Businesses that promote a healthy work-life balance and offer family-friendly policies also enjoy a good reputation and are better able to attract top talent and foster employee loyalty.

What’s more, employees who receive adequate support during their return to work are often more engaged and productive, which is good for the business. Ultimately, demonstrating a commitment to supporting staff through their parental leave strengthens the workplace culture overall and benefits both employees and the organisation.

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Indeed’s Employer Resource Library helps businesses grow and manage their workforce. With over 15,000 articles in 6 languages, we offer tactical advice, how-tos and best practices to help businesses hire and retain great employees.