The Maternity Leave (Commonwealth Employees) Act 1973 (the Act) has been reviewed for the first time in more than 40 years. While the Act was ground-breaking for its time by recognising that working women should not lose their employment once becoming pregnant and becoming a mother, community standards and expectations have evolved.

This report provides evidence that the Act no longer meets the needs of today's employees as they establish families and maintain careers in Commonwealth employment. Today, women are looking to advance their career while having a family and partners are seeking to more equally share in the care of their children, with this opportunity being made available immediately on becoming parents. The Act is not aligned with government and community expectations for gender equitable outcomes in work and care.

In a competitive marketplace, a growing number of employers are seeing the benefits of recognising the role that all parents take in caring for children. Employers are increasingly choosing to provide equal access to parental leave to all employees who become parents, regardless of their gender.

The Review has found that for the Australian Public Service (APS) to remain an employer of choice, a new Act is required.