Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p5
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 5/153)
Character Range: 957200–961262

the evidence on the member's behalf. This is required regardless of the way the pregnancy ends.

5.6.11 How to apply for maternity leave

1.  A member must apply for maternity leave.
2.  A member who has not applied for maternity leave but who would be eligible, had they applied, is taken to be on the required absence for maternity leave from the earlier of the following dates.
    a.                                                                                                                                                                                                 Six weeks before the expected date of birth notified under subsection 5.6.10.1.
    b.                                                                                                                                                                                                 The date of birth, when the birth occurs earlier than 6 weeks before the expected date of birth notified under subsection 5.6.10.1.

Division 2: Maternity leave entitlements

5.6.12 Purpose

1.  This Division sets out the maternity leave entitlement available to a member.
2.  Maternity leave has features that make it an unusual leave type.
    a.                                                                             The leave is an entitlement. Approval is an administrative formality. If the member is entitled to take the leave, it must be approved.
    b.                                                                             If a member was pregnant 20 weeks before the expected date of birth, they are entitled to a maternity leave absence. This is true of members on Permanent or Reserve service. It is also true of members of long and short service.
    i.                                                                             If members have the required qualifying service, part of the leave is paid.
    ii.                                                                            Members may substitute recreation or long service leave for unpaid maternity leave.
    c.                                                                             If the member resumes duty early, they are entitled to go on maternity leave again during the 52-week period.

5.6.13 Leave entitlement

1.  The member is entitled to be absent from duty during the following period.
    a.                                                                               From the first day of the member's maternity leave.
    b.                                                                               Until the day 52 weeks after the day in paragraph a.
2.  The period of absence starts on the first day of the member's required absence.

5.6.14 Paid maternity leave

1.  Subject to subsection 2, a member is eligible for the following for the first 18 weeks of maternity leave.
    a.                                                                                                                                                                                                                                    Salary that would be payable under section 5.4.36 if the member were on recreation leave.
    b.                                                                                                                                                                                                                                    Allowances that would be payable under section 5.4.37 if the member were on recreation leave.
2.  Subsection 1 does not apply to a member during a period when they have not completed their qualifying service.
3.  If a member completes their qualifying service during the first 18 weeks of maternity leave the member is eligible for salary and allowances payable under subsection 1 for the remaining period of their 18 weeks' maternity leave.

    Note: The member's first 18 weeks of maternity leave is not extended.

5.6.15 Maternity leave at half pay

1.  If a member is eligible for paid maternity leave under section 5.6.14, the member