To extend maternity leave in Australia, give your employer written notice at least 4 weeks before your current leave ends, requesting an extra period (up to 12 months initially, then another 12) under the Fair Work Act, specifying your new end date; they must respond within 21 days and can only refuse an extension beyond the first 12 months on "reasonable business grounds," so discuss with them and check Fair Work Ombudsman for templates and rules.
You cannot extend your Mat/Parental leave beyond 18 months, that is the max. If you cannot return to work you will need to discuss with your employer, HR, and supervisor about other options. Depending on your employer, consider a personal unpaid leave, reduced hours, different schedule, work from home, etc.
Use a Leave of Absence or PTO
If your employer declines to extend your leave, you may need to leverage other company policies to gain additional weeks. As she explains, some companies offer an unpaid personal leave of absence for a specified time.
Employees who have taken 12 months of unpaid parental leave can apply to extend their leave by up to a further 12 months. The total period with the extension can't be more than 24 months from the date of birth or placement of the child.
If you want to take more than a year off
You don't have a right to more than a year of maternity leave, but your employer might agree to let you take extra time away from work. Any extra time won't be classed as maternity leave, so you won't have your maternity leave rights for that time.
The request must be in writing and given to their employer at least 4 weeks before the end of the first leave period. Each parent can take up to 12 months, or 24 months in total if their employer agrees to extend their leave.
There are plenty of valid reasons to extend your leave. Maybe you're still healing physically from childbirth. Maybe you're dealing with postpartum depression. Or maybe you just want a little more time with your baby.
After 39 weeks, your employer doesn't have to pay you anything. 90% of your average weekly earnings before tax. This is the minimum amount your employer has to pay you. You might get more – depending on what's written into your contract.
Let us give 5 quick tips to compose a professional and formal letter.
Yes, maternity leave is required. The Family and Medical Leave Act (FMLA) requires eligible employers to provide up to 12 weeks of unpaid, job-protected leave for qualifying events including childbirth. However, FMLA only applies to companies with 50 or more employees.
You must take parental benefits within specific periods starting the week of your child's date of birth or the week your child is placed with you for the purpose of adoption. These periods are: Standard parental: within 52 weeks (12 months) Extended parental: within 78 weeks (18 months)
Yes, it is possible to extend a parental leave from 12-month to 18-month or less. Check your collective agreement on whether the 78-week option is available. There won't be any EI/QPIQ or top-up. It needs to be a parental LWOP and not a care for an immediate family.
If an employee is on maternity leave and does not give birth to their child within the 17-week leave, the maternity leave will be extended until the child is actually born. A further extension of maternity leave is possible if your child is hospitalized within 17 weeks of being born.
What happens when my extension gets rejected and the deadline passes? Regardless of whether the deadline has passed, if you filed your extension form on time and the IRS rejects it, you have five calendar days to correct and resubmit the form electronically to the IRS. This is called the Perfection Period.
Application for extended maternity leave must be filed with the agency at least forty-five (45) days before the end of the 105 days maternity leave. In case of a medical emergency, subsequent notice shall be submitted.
You can read more in our post on taking Additional Maternity Leave. If you haven't yet taken your full 52 weeks, you may be able to extend your maternity leave to a year. Speak to your employer to discuss extending your maternity leave to the full 52 weeks.
You're entitled to return to the same job after maternity leave if you've been away 26 weeks or less. Your pay and conditions must be the same as or better than if you hadn't gone on maternity leave. It's unfair dismissal and maternity discrimination if your employer says you can't return to the same job.
Sample Letter
I am writing to formally request an extension of my maternity leave. As I am still recovering from childbirth and adjusting to life with my newborn, I would appreciate an additional (Number of Days) off. My original leave ends on (Date), and I would like to extend it until (New Date).
Common reasons are childbirth, adoption, caring for an ill family member, serious health conditions or military leave.
The "5-5-5 rule" in a labor/postpartum context is a guideline for new mothers to prioritize rest and recovery in the first 15 days after childbirth, suggesting 5 days in bed, followed by 5 days on the bed (minimal movement), and then 5 days near the bed (gentle movement around the home). This promotes healing, bonding, and reduces stress, though it's a flexible guide, not a strict mandate, with some experts suggesting early movement can help prevent blood clots, making a modified approach ideal.
You have a legal right to take 16–78 weeks (up to 18 months) of leave. Maternity leave is 16 weeks. Parental leave follows. You can start your maternity leave up to 12 weeks before your child is born or on the birthdate.
Statutory Maternity Leave
If you are employed and pregnant, you are entitled to 52 weeks (1 year) of maternity leave, no matter how long you've worked for your employer. This is made up of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave.