The weeks before returning to work after maternity leave come with a lot of questions - most of them about logistics, childcare, and how you're going to feel leaving your baby. But there's another set of questions that don't get talked about nearly enough: what are you actually entitled to? What happens if your job has changed while you were away? What if you want to come back part-time? And what about breastfeeding at work? Here's a clear, plain-English rundown of the rights Australian mums have when they return.
Your Job Should Be There When You Get Back
Under the Fair Work Act, you are entitled to return to the same position you held before going on parental leave - same role, same hours, same location. If your employer has made genuine changes while you were away and that exact role no longer exists, they must offer you the nearest available position in terms of pay and status. They cannot simply offer you something lesser and call it equivalent.
If colleagues received pay rises or promotions while you were on leave and you feel your position has slipped as a result, you're entitled to raise this with your employer. It's worth doing so in writing and keeping a record of the conversation. If you feel you've been treated less favourably because you took parental leave, that can amount to discrimination under Australian law - and it's worth speaking to an employment lawyer if you're not getting satisfactory answers.
You Can Ask for Flexible Work - and They Have to Consider It
Under Section 65 of the Fair Work Act, if you are the parent or carer of a child under school age, you have a legal right to request flexible working arrangements. This includes part-time hours, changed start and finish times, or working from home. Your employer must respond in writing within 21 days and can only refuse on reasonable business grounds - not simply because it's inconvenient.
Make your request in writing at least four weeks before your planned return date. Keep it clear: state what change you're requesting, why, and when you'd like it to start. Email counts as writing. If your request is refused and you don't believe the grounds are reasonable, you can take the matter to the Fair Work Commission. Ideally, make the request early and approach the conversation collaboratively - most employers would rather find a workable arrangement than lose an experienced employee entirely.
You Can Request Up to 24 Months Leave in Total
If you took 12 months of unpaid parental leave and find you need more time, you can request an additional 12 months - bringing your total to 24 months. This request must be made in writing at least four weeks before your original return date, and your employer again has 21 days to respond. They can decline, but only on reasonable business grounds. If you're considering this, don't wait until the last minute - give yourself and your employer as much lead time as possible.
Your Right to Breastfeed or Express at Work
Australian law protects breastfeeding mothers from discrimination at work. Your employer is required to make reasonable adjustments to support you - this includes providing a private, clean space to feed or express (not a bathroom), appropriate breaks to do so, and somewhere to store expressed milk. Refusing to accommodate breastfeeding at work is generally unlawful under anti-discrimination legislation.
If you're planning to continue breastfeeding after returning to work, it helps to have a conversation with your employer or HR before your return date - not because you need permission, but because sorting the practical details in advance makes your first week back considerably less stressful. Having the right clothing also makes a real difference. Nursing-friendly work tops and work dresses with discreet feeding access mean you can step out, express or feed, and step back into a meeting without your wardrobe adding to the stress of the day.
What to Do If Something Feels Wrong
If you return to find your role has significantly changed, you've been made redundant without proper process, or your employer is refusing reasonable flexible work requests, you have options. Start by raising it directly with your manager or HR in writing. If that doesn't resolve it, contact the Fair Work Ombudsman (13 13 94) or speak with an employment lawyer. You don't need to accept a situation that doesn't feel right just because returning to work is already emotionally loaded enough.
Many mums find the practical side of returning easier when they feel prepared - including what they're wearing. The back to work collection and the full maternity workwear range are designed for exactly this phase; polished enough for the office, practical enough for a body and life that look different to twelve months ago. Free shipping on orders over $150 Australia-wide.
