Welcome!

Welcome to the number 1 website about Parental / Maternity Leave! We provide a lot of useful information which will make your life much easier when you plan to go on Parental / Maternity Leave. Besides other information, the rules and regulations of various countries are provided here on one single platform.

Australia – Who is Eligible

Maternity Leave Entitlements in Australia are determined by Federal Government regulations.  State Government laws and individual employer policies are also applicable and can vary widely so use this information as a starting point then ensure you confirm details for your specific situation.

The main eligibility requirements and conditions, as set by the Federal Government, are:

  • You must have worked continuously for employer for 12 months in full-time, part-time or in some cases casual employment
  • You can begin leave within 6 weeks of expected birth of child (i.e. in week 34 of your pregnancy)
  • You can take a maximum of 52 weeks of unpaid parental leave
  • You must advise your employer in writing as soon as practical when you expect to take leave, and no later than 4 weeks before the commencement of leave.
  • You must provide a medical certificate confirming your pregnancy no later than 10 weeks before the due date.
  • You must also provide a statutory declaration stating you will be the primary care giver and that you will not do anything inconsistent with their employment contract while on leave.
  • When returning to work you must give 4 weeks written notice
  • You can generally return to the same position you held before you went on maternity leave, or are entitled to another position similar in status and pay

State governments must comply with Federal regulations and also provide their own specific information and requirements including documents required and the application process.  Some states have sites and information sheets dedicated to maternity leave and parental leave while others are more general employment sites and often refer back to federal law in regards to maternity leave.

Employers must stick to federal and state government regulations but beyond this have their own policies in regard to maternity and paternity leave.  These vary widely with some employers much more generous than others.

  • Check your company policy and employment contract and discuss your personal situation with your employer.
  • Leave is generally unpaid unless your award, contract or company policy states otherwise
  • If you do not comply with some of the above regulations, such as being employed for 12 months first, you can still negotiate with your employer to potentially take maternity leave.

You may be able to combine paid annual leave with unpaid maternity leave

Parental / Maternity Leave Information Australia – Table of Content

Australia – How, Where and When to Apply

In order to apply for parental leave, the employee must give written notice to their employer. This notice must:

  • be provided to the employer at least 10 weeks before they start the leave, or if this is not practicable, as soon as is practicable; and
  • tell the employer the start and end dates of their parental leave

The employee must also confirm their leave dates with their employer at least four weeks before they go on parental leave unless it is not practicable to do so. If an employee needs to make any changes to their leave dates, they should inform their employer as soon as possible.

Employers have the right to request that their employees provide evidence, such as a medical certificate or statutory declaration, of the expected date of birth or date of placement of adoption.

Employees can use the notification form to advise their employer that they intend to take leave and also to confirm their leave dates.

To apply for the paid parental leave an applicant must lodge their Claims for Parental Leave Pay up to three months before expected date of birth or adoption of your child. This is done using Family assistance Online Services. You can lodge a claim up to three months before the expected date of birth or adoption of your child

You can call 13 6150 for assistance in completing your online claim form or to request a hard copy form. Alternatively, you can visit the Family Assistance Office located in Medicare offices and Centrelink Customer Service Centers.

Your Parental Leave Pay can start from the day your child is born or adopted, or at a date that is later. It must be fully paid within 52 weeks from the date of birth or adoption.

To be eligible for the full 18 weeks of Parental Leave Pay, the nominated start date for your Parental Leave Pay needs to be within 34 weeks of the birth or adoption of your child. The unused part of your Parental Leave Pay may be transferred to your partner if they meet the eligibility criteria and claim your unused Parental Leave Pay. The unused Parental Leave Pay may also be transferred to a separated parent or their new partner, if eligible.  Remember parental Leave Pay and Baby Bonus cannot be paid for the same child.

Parental / Maternity Leave Information Australia – Table of Content

Australia – What Information / Documents needed

To apply for maternity leave in Australia, certain documents are needed to prove one’s eligibility for the leave.

An employee must have documents that prove she has been working continuously for employer for 12 months in full-time, part-time or in some cases casual employment. She must also provide documents that advise her employer in writing as soon as practical when she expect to take leave, and no later than 4 weeks before the commencement of the parental leave.

If the employee is expectant she must provide a medical certificate confirming her pregnancy no later than 10 weeks before the due date. This certificate should be gotten from accredited health officers such as registered doctors, registered gynecologists, registered physicians, registered nurses or registered mid wives.

In addition to the above information, an employee must also provide a statutory declaration stating that she will be the primary care giver and that she will not do anything inconsistent with their employment contract while on leave.

Other relevant information needed is the fact that when one is  returning to work she must give 4 weeks written notice to the employer stating her expected date of return to work.

The parental leave scheme provides government-funded Parental Leave Pay at the National Minimum Wage for a maximum period of 18 weeks, and can be received before, after, or at the same time as existing entitlements such as annual leave, long service leave, and employer-funded paid parental leave.

Many employers also provide employees a period of paid parental leave through their enterprise agreements, contracts of employment or workplace policies. Such incentives can help businesses attract and retain talented staff.

The introduction of the Australian Government’s Paid Parental Leave scheme is not intended to replace existing entitlements to employer-funded paid parental leave, and having an existing entitlement to employer-funded paid parental leave does not affect an employee’s potential eligibility for the Australian Government’s Paid Parental Leave scheme. If an employer currently provides paid parental leave through an industrial agreement (such as an enterprise agreement), the entitlements will continue as long as the agreement applies.

Claims for Parental Leave Pay can be lodged up to three months before expected date of birth or adoption of your child. O It is also important to know that lodging a claim for Parental Leave Pay before your child is born or adopted will help prevent any delays.

Parental / Maternity Leave Information Australia – Table of Content

Australia – Payments

Australia will be introducing an 18 week paid maternity leave scheme starting in 2011. It is to be publicly funded, and to provide the federal minimum wage (currently AUS $596.78 a week) rather than a percentage of the primary caregiver’s salary. It will not be available to families wherein the primary caregiver has an annual salary above $150,000. These payments include:

Paid maternity leave:

18 weeks at federal minimum wage (Around $596/week

Employees receiving Parental Leave Pay must continue to receive a pay slip for each payment or be provided a separate written advice.  A written advice or a pay slip (in addition to the standard requirements of a pay slip), must have a statement identifying that the payments made are Parental Leave Pay under the Australian Government Paid Parental Leave scheme. The following information must also be included:

  • if no other payments are included in the pay slip, the gross and net amounts of the Parental Leave Pay, and the amount of income tax withheld from the payment
  • if other payments (such as annual leave or employer-funded Parental Leave Pay) are included in the pay slip, the gross amount of the Parental Leave Pay, as well as the total net amount and income tax withheld for the pay period
  • if a deduction from the Parental Leave Pay is made, the amount of the deduction and the name and bank details of the entity to whom the deduction is made

Only certain deductions from Parental Leave Pay are permitted under the Paid Parental Leave scheme. The Fair Work Ombudsman can enforce an employer’s payment and record keeping obligations under the Paid Parental Leave scheme, and may investigate any related complaints.

Many employers also provide employees a period of paid parental leave through their enterprise agreements, contracts of employment or workplace policies. Such incentives can help businesses attract and retain talented staff.

The introduction of the Australian Government’s Paid Parental Leave scheme is not intended to replace existing entitlements to employer-funded paid parental leave, and having an existing entitlement to employer-funded paid parental leave does not affect an employee’s potential eligibility for the Australian Government’s Paid Parental Leave scheme. If an employer currently provides paid parental leave through an industrial agreement (such as an enterprise agreement), the entitlements will continue as long as the agreement applies.

Parental / Maternity Leave Information Australia – Table of Content

Australia – When Will You Receive Your First Payment

Parental Leave Pay can only commence from the date of birth or arrival of your adopted child at the earliest.

Your payments can not commence until you have provided the Family Assistance Office with proof of birth of your child and any other requested information and this has been processed. To be paid from the date of birth or adoption you must have claimed for Parental Leave Pay and lodged your Newborn Child (proof of birth) form within 28 days of the child’s birth or adoption.

Women who are pregnant and eligible for Parental Leave Pay can lodge a claim for Parental Leave Pay before the child is born or adopted as this will help prevent any delay in providing Parental Leave Pay.

An employee may also choose to also apply for Maternity Immunization Allowance.  (MIA) is a non-income tested payment to encourage parents to fully immunize children in their care. From 1 January 2009, Maternity Immunization Allowance is generally paid as two separate amounts. The first payment will be made if your child is immunized between 18 and 24 months. The second payment will be made if your child is immunized between four and five years of age.

If you did not qualify for MIA for your child before they turned two years of age under the rules that applied prior to 1 January 2009, you can still receive the full amount of MIA if your child is appropriately immunized before the age of five and you lodge your claim on or before your child’s fifth birthday.

Maternity Immunization Allowance is a non-income tested payment to encourage parents to immunize their children. If you received Baby Bonus for your child, the Family Assistance Office will automatically check your eligibility for Maternity Immunization Allowance.

If you were not paid Baby Bonus, you will need to claim Maternity Immunization Allowance through the Family Assistance Office on or before the child’s second birthday to receive the first amount and on or before the child’s fifth birthday to receive the second amount.

You can claim Maternity Immunization Allowance for children who are adopted from outside Australia and who enter Australia before they are 16 years of age. If your child was adopted from outside Australia, you will need to claim on or before your child’s fifth birthday or within two years of their arrival in Australia.

Parental / Maternity Leave Information Australia – Table of Content

Australia – How Much Will You Receive Depending on Model

Parental leave pay is paid out to working parents, including full-time, part-time, casual, contract, seasonal and self-employed workers who may be eligible for Parental Leave Pay if they meet the scheme’s eligibility criteria.

Eligible working parents can get 18 weeks of government funded Parental Leave Pay at the rate of the National Minimum Wage (currently $589.40 a week before tax). Both the mother and father (as is the case with paid paternity leave).

In addition there is also another model known as the baby bonus. Baby Bonus is a family assistance payment which can be claimed by either parent to assist with the costs of having a new baby or recently adopted child. It is based on the joint income of the family.

Parental Leave Pay and Baby Bonus cannot be paid for the same child. If you meet the eligibility criteria for both payments, you can choose which payment is the best financial decision for your family. In the case of multiple births (for example, twins or triplets), you may be eligible to receive Parental Leave Pay for one child and Baby Bonus for the other child/children.

You will need to consider how receiving Parental Leave Pay will affect your existing family assistance entitlements, child support and taxation obligations.
Parental Leave Pay may affect your:

  • Family Tax Benefit Part A and B
  • Child Care Benefit
  • child support
  • HECS liabilities
  • Medicare Levy Surcharge
  • public housing rent
  • low income or other Health Care Cards, or other associated concessions
  • Pensioner, Beneficiary, Dependent Spouse, Housekeeper and Child-housekeeper tax offsets.

Family Tax Benefit Part B, the dependent spouse, child-housekeeper and housekeeper tax offsets will not be available to you and/or your partner during your Paid Parental Leave period. These entitlements may be available to you after the end of your Paid Parental Leave period, if you are eligible.

If you are separated from your child’s other parent and they are receiving Family Tax Benefit Part B, it will not be affected by you receiving Parental Leave Pay. Parental Leave Pay will not be treated as income for Parenting Payment (partnered and single) and other income support payments, such as the Disability Support Pension, Newstart Allowance and Veterans’ Affairs payments.

If you are eligible, you can receive Family Tax Benefit Part A during your Paid Parental Leave period.

Parental / Maternity Leave Information Australia – Table of Content

Australia – When to Inform Your Employer

When you inform your boss that you’re pregnant, be sure to mention that you’ll need to take maternity leave, and then follow up with human resources for more information. You may want to create a proposal for your boss outlining exactly how your responsibilities can be handled during your absence.

In Australia in order for one to apply for parental leave, the employee must give written notice to their employer. This notice must:

  • be provided to the employer at least 10 weeks before they start the leave, or if this is not practicable, as soon as is practicable; and
  • tell the employer the start and end dates of their parental leave

The employee must also confirm their leave dates with their employer at least four weeks before they go on parental leave unless it is not practicable to do so. If an employee needs to make any changes to their leave dates, they should inform their employer as soon as possible.

Employers have the right to request that their employees provide evidence, such as a medical certificate or statutory declaration, of the expected date of birth or date of placement of adoption. Employees can use the notification form to advise their employer that they intend to take leave and also to confirm their leave dates.

However, there are some special considerations in case an employee does not want to go on leave.

A pregnant employee wanting to work during the six weeks before birth may be asked by the employer to provide a medical certificate containing the following:

  • a statement of whether the employee is fit for work
  • if the employee is fit for work, a statement of whether it is inadvisable for the employee to continue in her present position because of illness, or risks, arising out of the employee’s pregnancy, or position

The employer may require the employee to take a period of unpaid parental leave if:

  • the employee doesn’t provide the certificate within seven days after the request
  • the employee provides a certificate within seven days stating that they are not fit for work or

the employee provides a certificate stating they are fit for work, but that it is inadvisable to continue in the present position due to illness or  risk to the pregnancy.

Parental / Maternity Leave Information Australia – Table of Content

Australia – How Long Can You Receive Payments

Australia’s first national Paid Parental Leave scheme started on 1 January 2011.

This Parental leave is for eligible working parents of children born or adopted on or after 1 January 2011. It is paid for up to 18 weeks at the National Minimum Wage – currently $569.90 a week before tax (2010) Claimants must be Australian residents with an income of under $150,000 per year. Claimants must have worked for at least 10 of the 13 months prior to the birth of the child. Australia’s paid parental leave is as follows:

Paid maternity leave

18 weeks at federal minimum wage (Around $596/week

Paid paternity leave

18 weeks at federal minimum wage (Around $596/week)

From 2011, it is proposed that the Federal Government will pay Maternity Leave for 18 weeks at $543pw, totaling $9,774. However, recipients of this would not receive the current Maternity/Baby Bonus, nor would they receive any FTB payments during the time that they are taking such leave.

These payment rates of baby bonus are effective from 1 July 2011.

  • You can be paid $5,437 per eligible child in 13 fortnightly installments. You will receive a higher first installment of $879.77 and 12 fortnightly installments of  approximately $379.77, or
  • If your baby has died or was stillborn, you may ask for your Baby Bonus to be paid in a lump sum instead of fortnightly installments.
  • Baby Bonus is an income tested payment.

Baby Bonus is not taxable.

There is a requirement to provide 52 weeks unpaid maternity leave to the primary care giver. There is however, a federal government funded Maternity Payment of $$5,294 paid per child, which is the equivalent to 18 weeks at $294 per week, tax free. There is also the Family Tax Benefit part B, also tax free and per child, at a rate of up to about $68 per week. This totals $362 pw tax free, or the equivalent of about $529 pw before tax at the 30% tax bracket.

Some employees may qualify for Maternity Immunization Allowance (MIA). This is a non-income tested payment that is generally paid as two separate amounts at any given time. The first amount will be paid if your child is fully immunized between 18-24 months and the second amount will be paid if your child is fully immunized between four and five years of age.

Parental / Maternity Leave Information Australia – Table of Content

Australia – Earliest Possible Starting Date for Maternity Leave

Working women in Australia are entitled to begin leave within 6 weeks of expected birth of child (i.e. in week 34 of your pregnancy). This is only applicable if a woman is having an uncomplicated pregnancy by the 34th week of her pregnancy.

If the employee is pregnant or gives birth, she may start her leave up to six weeks before the expected date of birth. If an employee is adopting a baby her leave must start on the date of birth or placement of a child. In case of employees overlapping on their maternity leave, the second employee must start her leave immediately after the first employee’s leave finishes. They are entitled to no more than 24 months between them.

Adoption leave must start on the day of placement of the child.

An employee is not entitled to take unpaid parental leave unless they give their employer at least ten weeks’ notice in writing of your intention to take the leave with the intended start and end dates of the leave.

At least 4 weeks’ before taking the leave, you must confirm the dates on which you intend to start and end the period of leave or advise your employer of any changes to the leave dates (if possible).

A child’s primary carer is the person who is most meeting the child’s physical needs. This will usually be the mother of a newborn child or the initial primary carer of an adopted child.

If you are a birth mother, there are some circumstances in which you can receive Parental Leave Pay for up to 18 weeks after the birth even if you are not the primary carer of your child. This may occur if you are temporarily unable to care for your child due to illness, or you may be a birth mother in an adoption arrangement.

If you become ill and unable to work due to your pregnancy, and are entitled to paid sick leave, you may take as much of this leave as is certified necessary by a medical practitioner.

If you are not entitled to paid sick leave, you may take special maternity leave.

Special maternity leave is unpaid leave, it is separate from maternity leave, and you may take as much special maternity leave as is certified necessary by a medical practitioner.

Parental / Maternity Leave Information Australia – Table of Content

Australia – How Long Do I Receive Benefits

Parental Leave Pay can only commence from the date of birth or arrival of your adopted child at the earliest.

Your payments can not commence until you have provided the Family Assistance Office with proof of birth of your child and any other requested information and this has been processed. To be paid from the date of birth or adoption you must have claimed for Parental Leave Pay and lodged your Newborn Child (proof of birth) form within 28 days of the child’s birth or adoption.

Women who are pregnant and eligible for Parental Leave Pay can lodge a claim for Parental Leave Pay before the child is born or adopted as this will help prevent any delay in providing Parental Leave Pay.

An employee may also choose to also apply for Maternity Immunization Allowance.  (MIA) is a non-income tested payment to encourage parents to fully immunize children in their care. From 1 January 2009, Maternity Immunization Allowance is generally paid as two separate amounts. The first payment will be made if your child is immunized between 18 and 24 months. The second payment will be made if your child is immunized between four and five years of age.

From 2011, it is proposed that the Federal Government will pay Maternity Leave for 18 weeks at $543pw, totaling $9,774. However, recipients of this would not receive the current Maternity/Baby Bonus, nor would they receive any FTB payments during the time that they are taking such leave.

These payment rates of baby bonus are effective from 1 July 2011.

  • You can be paid $5,437 per eligible child in 13 fortnightly installments. You will receive a higher first installment of $879.77 and 12 fortnightly installments of  approximately $379.77, or
  • If your baby has died or was stillborn, you may ask for your Baby Bonus to be paid in a lump sum instead of fortnightly installments.
  • Baby Bonus is an income tested payment.

If the birth mother or the initial primary carer of an adopted child is found to be eligible for the scheme, they can receive the Parental Leave Pay themselves or they may, if they wish to return to work early, transfer some or all of their unused Parental Leave Pay to:

  • their partner
  • the other legal parent of the child
  • or the other legal parent’s partner

Parental / Maternity Leave Information Australia – Table of Content

Australia – Sickness While on Maternity

If you become ill and unable to work due to your pregnancy, and are entitled to paid sick leave, you may take as much of this leave as is certified necessary by a medical practitioner.

If you are not entitled to Paid sick leave, you may take special maternity leave. Special maternity leave is unpaid leave, it is separate from maternity leave, and you may take as much special maternity leave as is certified necessary by a medical practitioner.

An eligible pregnant employee is entitled to take unpaid special maternity leave if the employee is not fit for work because of:

  • a pregnancy-related illness or
  • the pregnancy ends, not in the birth of a living child, within 28 weeks of the expected date of birth

An employee must give their employer notice they are taking unpaid special maternity leave as soon as possible (which may be after the leave has started), and the expected period of leave. An employer may require evidence that would satisfy a reasonable person (e.g. a medical certificate).

The entitlement to unpaid parental leave is reduced by the amount of any unpaid special maternity leave taken by the employee while they are pregnant. At no time should you feel that your job security is threatened because you have become ill due to your pregnancy.

If you are unable to perform your usual duties because the tasks or the workplace pose a risk to you or your unborn child or to your newborn child, your employer must endeavour to make temporary alternative arrangements for you at the workplace to avoid the risk. The employee must be transferred to that job for the risk period, with no other change to the employee’s terms and conditions of employment. The employer must pay the employee at their full rate of pay.

If an appropriate safe job is not possible or practicable, the employee is entitled to take paid ‘no safe job leave’ for the risk period, and be paid at their base rate of pay for ordinary hours of work in the risk period. At no time should you feel that your job is in jeopardy because of a hazardous situation at the workplace.

Some workplaces have policies which allow the use of sick leave for ordinary pre-natal check ups and similar arrangements may be provided for in some workplace agreements and employment contracts.

Parental / Maternity Leave Information Australia – Table of Content

Australia – Additional Income/Working While on Maternity

There are several ways of coming up with an additional amount of income during pregnancy and during your maternity leave. Most people will get some Government support during maternity leave, whether it’s in the form of tax breaks or direct payments; much of it is ‘means tested’ – that is, is determined by the household’s income level, but it can add up to a significant amount of money, very helpful if you’re struggling to manage a tight household budget.

Government support for parents during pregnancy includes the Baby Bonus also known as the Maternity Payment. The Baby Bonus is paid to families following the birth (including stillborn babies) or adoption of a child. It is given to the primary carer of a dependent child (or the partner of the primary carer) or people who care for a child within 26 weeks of the birth and are likely to continue for at least 26 weeks. It is also provided to people who have not received Parental Paid Leave for the child or parents who earn less than or equal to $75,000 for the period of six months from the date of the birth, or six months prior to an adopted child entering into their care.

In Australia, working during maternity leave is provided under the Keep in Touch days. One can participate in workplace activities for up to 10 Keeping in Touch days from the time they become a child’s primary carer until the end of their Paid Parental Leave period, although this cannot occur within the first two weeks following the birth of the child. Activities could include, not limited to, attending a planning day, meeting or a training course.

In Australia working during maternity leave is allowed if one wishes so; however one is not allowed parental leave pay when working.

Other additional income sources include Australia’s Paid Paternity Leave which provides financial assistance at a time when family income is reduced, particularly if the father would otherwise be taking unpaid leave. This is however provided for 18 weeks only.

In addition, employees can be allowed to work part-time before commencing their leaves. If the part-time arrangement are negotiated and agreed with your employer an employee may work part time. This can also be done if a medical condition requires an employee to work part-time / flexibly, or when a doctor provides written advice.

Parental / Maternity Leave Information Australia – Table of Content

Australia – What are My Responsibilities / Rights

The general rule is that women should be able to continue working while pregnant, unless there are occupational health and safety issues which would impact adversely on their health or the baby’s health. If this happens to be the case, they should be offered alternative work with the same employer, which would not impact adversely.

Australia protects against unlawful termination and discrimination in the workplace based on pregnancy and potential pregnancy.

Unlawful termination: it’s illegal for an employer to dismiss an employee for a number of reasons. These reasons include:

  • A person’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or pregnancy, religion, political opinion, national extraction or social origin
  • Temporary absence from work because of illness or injury
  • Trade union membership or participation in trade union activities outside working hours or, with the employer’s consent, during working hours
  • Non-membership of a trade union
  • Seeking office as, or acting as, a representative of employees
  • Being absent from work during maternity leave or other parental leave
  • Temporary absence from work to engage in a voluntary emergency management activity
  • Filing a complaint, or participating in proceedings against an employer.

Pregnancy and discrimination in the workplace:

It is unlawful to discriminate against women in the workplace on the grounds of pregnancy or potential pregnancy.

No matter how well intentioned an employer’s actions may be, they may still be considered discriminatory. For example, if an employee is pregnant, potentially pregnant, on maternity leave or returning to work from maternity leave, this cannot be used as a reason to discriminate against her:

  • By refusing to employ her
  • By transferring or demoting her
  • By changing her full-time position to part-time, or vice versa
  • By making her a casual employee if she is a permanent employee
  • By reducing or increasing her hours of work
  • By altering her days of work
  • By giving her less skilled or less demanding work
  • By denying her access or limiting her access to opportunities for promotion, transfer or training, or to any other benefits associated with employment
  • By dismissing her; or
  • By subjecting her to any other detriment

Discrimination and industrial instruments:

A workplace agreement cannot contain terms which discriminate against an employee because of sex, family responsibilities or pregnancy.

Parental / Maternity Leave Information Australia – Table of Content

Australia – Contact Authorities – Local Contacts

If you think you’ve been dismissed for any of these reasons, you can apply to Fair Work Australia (FWA) for help to deal with the dispute. Forms can also be lodged at Fair Work Ombudsman (FWO) offices.

You must lodge your application within 60 days after the dismissal took effect, although FWA may accept late applications in limited circumstances. Employees are required to pay an application fee. This fee may be waived on the grounds that its payment would cause serious hardship.

After you apply to FWA, the following steps take place:

  • FWA has a private conference with you and the employer.
  • If FWA finds that all reasonable attempts to fix the matter were, or are unlikely to be unsuccessful, they issue a certificate to that effect.
  • You may use the certificate to apply to court to resolve the matter.

The Fair Work Ombudsman (FWO) also deals with unlawful termination issues. FWO may seek penalties against the employer for breach of a civil remedy provision of the Fair Work Act. You may also be able to claim up to $20,000 through the small claims procedure.

The Fair Work Ombudsman has offices in all capital cities and 18 regional locations across Australia. The Fair Work Ombudsman also has a further 26 state partner offices in QLD, SA and NSW delivering Fair Work Ombudsman services.

Australian Capital Territory
Canberra – ACT                                 

Level 11
208 Bunda Street and cnr Akuna Street
Canberra ACT 2600

New South Wales
Sydney

Level 5
255 Elizabeth Street
Sydney NSW 2001

Northern Territory
Darwin

Level 5
47 Mitchell Street
Darwin NT 0801

If an employee believes she has been unlawful discriminated against, she can seek advice and assistance from the Human Rights and Equal Opportunity Commission (HREOC). If a complaint is lodged, it will be referred to the President of HREOC for inquiry or attempted conciliation. The HREOC offices are located at
Level 3, 175 Pitt Street
SYDNEY NSW 2000
Telephone: (02) 9284 9600
Complaints Infoline: 1300 656 419
General enquiries and publications: 1300 369 711
TTY: 1800 620 241
Fax: (02) 9284 9611

For complaints one can lodge complains at complaintsinfo@humanrights.gov.au

Labor unions can also be contacted at their council based in:
Level 6/365 Queen Street
Melbourne
Vic 3000
Australia
Tel: 1300 362 223 (local call cost)
Tel: (03) 9664 7333
Fax: (03) 9600 0050
Parental / Maternity Leave Information Australia – Table of Content