Maternity leave - an expectant mother who has worked for the same employer for 6 months or more (averaging at least 10 hours per week) is entitled to 14 weeks paid leave. The leave is paid for by the government. The amount paid is either the employee’s normal weekly pay or $325 per week (whichever is the lesser).
If she has been working 12 months or more, she is also entitled to a further 8.5 months extended unpaid leave (to make the total time off one year).
Paternal/partner’s leave - The father or partner may also be entitled to 2 weeks unpaid leave from his employer in addition to leave taken by the mother. Again, they must have been working for the employer one year at least 10 hours per week. Generally, paternal leave is to be taken within 3 weeks either side of the baby’s due date, unless the parties agree otherwise. It must be taken in a continuous two week period.
Sharing leave - If both partners are entitled to leave, the mother may transfer some or all of her extended leave to her partner. The couple can take their leave at the same time or different times, but they must take it within a year of the child’s birth (except by agreement).
For example, the mother may take a total of 8 months leave starting when she is 7 months pregnant (14 weeks of which is paid by the government as set out above), and she may transfer the other 4 months extended unpaid leave to her partner. The partner would also have his own 2 weeks unpaid leave as discussed above leave. The couple can take their leave at the same time as each other or different times; as long as all of it is used up before the baby is one year old. Also, each type of leave must be taken at once – it can’t be split.
The process - The employee must notify the employer of when they intend to take leave at least 3 months in advance.
The employer can require proof of the pregnancy, due date and, for” fathers”, proof of the relationship and the mother’s employment details. The partner doesn’t have to be the biological father of the child as long as he/she is the mother’s partner.
The employer then has 3 weeks to let the employee know whether he/she is entitled to the leave and whether her/his job will be kept open. The job must be kept open unless (a) the leave sought is for more than 4 weeks and (b) the job is a "key position" in its business that it cannot reasonably keep it open.
