Review of the Maternity Leave Act
The first substantial review of the Maternity Leave (Commonwealth Employees) Act 1973 in more than 40 years was completed by the Australian Public Service Commission in 2023.
The review explored:
- parental leave eligibility and entitlements
- health needs of pregnant employees
- flexibility for all parents
- superannuation issues
- ease of administration.
Review findings were published on 20 June 2023. They suggested that new legislation be enacted to provide a contemporary framework for parental leave support that is flexible and inclusive of all parents and families.
Twenty-six recommendations aim to increase support to parents to make a successful transition to family life, protect and advance women’s economic equality, and provide greater flexibility. Recommendations include:
- 6 weeks paid pregnancy leave
- 18 weeks paid parental leave for new parents, with flexibility of use
- paid leave for stillbirth and pregnancy loss
- salary increment and employer superannuation payments during parental leave
- paid lactation breaks and access to breastfeeding facilities on return to work.
The review underlines the need for competitive conditions, so the Australian Government remains an employer of choice.
While the 1973 Act was groundbreaking for its time, community standards have evolved. Today, women are looking to advance their careers while having families. Partners are seeking to share more equally in the care of their children.
The Government is considering all review recommendations. Any changes to legislation or other recommended entitlements will be subject to future decisions. As an interim step, some parental leave recommendations have been considered as proposed common conditions in APS-wide bargaining, to be delivered in agency-level enterprise agreements.
The review received nearly 190 public submissions from Australian Government agencies, individuals, academics, employee networks, unions and peak bodies.
See also
Australian Government (n.d.) Maternity Leave Act review report, APSC website, https://www.apsc.gov.au/initiatives-and-programs/workplace-relations/maternity-leave-act-review-report, accessed 5 October 2023.