If a divorcee with 3 children is currently pregnant and not planning to marry the child father, will she be able to get the 4 months maternity leave and baby bonus?

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    answered on 14/04/2014

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    Maternity leave depends on the policies of the employer - some employers are prepared to grant maternity leave even to single mothers. However, as a matter of law, the mother's entitlement to maternity leave (16 weeks under the CDSA) requires that the mother be lawfully married within 12 months of the child's birth. Hence, if that is not the case, then provided that the mother is not a managerial or executive position who earns a basic monthly salary of more than $4,500, she would only be entitled to 12 weeks maternity leave (8 weeks paid/4 weeks unpaid). She would not be entitled to baby bonus in any event as that requires that the mother be lawfully married.

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