Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p4
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 4/153)
Character Range: 953694–957430

Qualifying service means a continuous period of 12 months of any of the following.
   a.                                                                                                                                                                           Continuous full-time service in the ADF.
   b.                                                                                                                                                                           Any other employment recognised for the purpose of the Maternity Leave (Commonwealth Employees) Act 1973, subsection 6(4).
   Required absence means a period of absence under Division 3.
   Termination means an event that results in a pregnancy ending, without the birth of a live child. The event must occur from 20 weeks before the expected date of the birth.

5.6.5 Members this Part applies to

   This Part applies to a member whose pregnancy ends by a birth or a termination.

5.6.6 Required absence and maternity leave

1.  Two key concepts in this Part are required absence and maternity leave.
2.  Required absence is the period that a member is required to be away from duty. It usually covers the later stages of pregnancy and the first few weeks after the birth. It can be reduced if the member has medical approval. Maternity leave is granted to cover the period of required absence.
3.  Maternity leave is leave granted to a member who is pregnant or who has recently given birth. It has paid and unpaid components, for eligible members.

5.6.7 Termination of pregnancy – overview

2.  If a member's pregnancy terminates 20 weeks or later before the expected date of the birth, the member is entitled to maternity leave.
3.  If the member's pregnancy terminates earlier than 20 weeks before the expected date of birth, the member is not entitled to maternity leave. If the member is unfit for duty, normal fitness for duty arrangements apply.

5.6.8 Leave without pay and maternity leave

   The unpaid component of maternity leave is a different leave type to leave without pay. The two leave types are both unpaid, but in other respects are quite different. Unpaid maternity leave cannot be refused for any reason. Unpaid maternity leave is administered under this Part.

5.6.10 Notice

1.  A member must report to an ADF health facility when they believe they are pregnant.
    a.                                                                                                                                                                                                                                 To ensure that the member is employed safely within WHS policies and procedures relevant to their employment environment.
    b.                                                                                                                                                                                                                                 To approve the member's access to benefits and conditions of service.
    c.                                                                                                                                                                                                                                 To provide information to ensure that members are not disadvantaged in relevant career management agency decisions.
2.  The member must provide the CDF with evidence of the end of pregnancy within 6 weeks of it happening. Another person may provide 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