A period of unpaid maternity leave may affect a member's superannuation contribution. More information is available on the superannuation page of the Member's and Families site.
A member on maternity leave may be eligible for Australian Government parental leave pay.
Visit the Members and Families site to learn more about these payments.
5.6.1 Simplified outline of this Part
This Part provides a member with up to 52 weeks of maternity leave, which consists of both paid and unpaid leave. Maternity leave recognises the physical aspects of pregnancy, childbirth and recovery after childbirth and in particular circumstances where the pregnancy ends other than by birth of a live child. It also provides time for the care of a child once it is born.
Paid maternity leave is available to members who have completed their qualifying service (see section 5.6.4).
Members who have not completed their qualifying service may be eligible for a lesser period of paid maternity leave (see section 5.6.14).
Maternity leave may also be taken in connection with other types of paid leave (see section 5.6.18).
Division 3 specifies the periods leading up to and immediately following the birth of a child that the member is required to be on maternity leave. It also provides options if the member wishes to continue to work during the required absence.
5.6.4 Definitions
Example: A member completes their first 12 months of qualifying service, then becomes pregnant with their first child and takes 18 weeks of paid maternity leave and other types of leave which adds up to 52 weeks of entitled leave. The member comes back to full time service for an additional five months before leaving the permanent ADF to join as a Reserve Force member. The member then completes two years of reserve service before applying for maternity leave to have their second child. The member is not entitled to the 18 weeks paid maternity leave as they have broken their full-time service and have not completed a continuous period of 12 months’ full-time service.
5.6.5 Members this Part applies to
A member who has been granted maternity leave may also be eligible for parental leave under Part 7
5.6.6 Required absence and maternity leave
5.6.7 Termination of pregnancy – overview
Example: A member's expected date of the birth is 1 June. On 6 January the member miscarries. This is 21 weeks before the expected date of birth. This event does not meet the definition of termination. The member has no maternity leave entitlement. The member is absent for a time under fitness for duty arrangements, to recover from the miscarriage.
5.6.8 Leave without pay and maternity leave
Example 1: A member falls pregnant while already on unpaid maternity leave. They may be granted a second period of maternity leave.
Example 2: A member falls pregnant while on leave without pay. Section 5.6.31 prevents them from having access to further maternity leave until their leave without pay has ended.
Comparison: Examples 1 and 2 have different outcomes, as unpaid maternity leave and leave without pay are different leave types.
5.6.10 Notice
For further information on health support refer to the Defence Health Manual Volume 2 Part 9 Chapter 1 – Supporting Defence Members in pregnancy and the postpartum period.
