What is parental leave and how long can I take?
Parental leave in Australia allows eligible employees up to 12 months of unpaid leave for the birth or adoption of a child, with an option for an additional 12 months. The Australian Government also provides a Paid Parental Leave scheme.
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How it works in practice
What is Parental Leave? An employee's right to parental leave in Australia is primarily governed by the National Employment Standards (NES), which provide for up to 12 months of unpaid leave.
This leave is for employees who are expecting a baby, adopting a child, or whose partner is expecting or adopting. It covers primary carers, including mothers, fathers, and adopting parents, allowing them to take time off work to care for their new child.
Eligibility Requirements To be eligible for unpaid parental leave under the NES, an employee must have completed at least 12 months of continuous service with their employer immediately before the child's birth or placement for adoption. This applies to full-time, part-time, and long-term casual employees who have a reasonable expectation of continuing employment. Employees must also provide proper notice to their employer about their intention to take leave.
Duration and Types of Leave Eligible employees are entitled to 12 months of unpaid parental leave. They can also request an additional 12 months of unpaid leave, which an employer can only refuse on reasonable business grounds. The leave can be taken flexibly, in blocks, or as a single continuous period. In addition to unpaid leave, the Australian Government provides a Paid Parental Leave (PPL) scheme for eligible primary carers for up to 20 weeks. Many employers also offer their own paid parental leave schemes, which can run concurrently with unpaid leave and/or the government scheme.
Important exceptions
Casual employees must meet specific criteria, including regular and systematic employment and a reasonable expectation of ongoing employment. Employers can refuse a request for an additional 12 months of unpaid leave or flexible parental leave arrangements if they have reasonable business grounds for doing so.
Strict notice periods are crucial; failure to provide adequate notice can impact an employee's entitlements. The Australian Government's Paid Parental Leave (PPL) scheme has separate income and work tests for eligibility, and it is distinct from an employee's right to unpaid leave from their employer. Different rules and entitlements may also apply in tragic circumstances such as stillbirth or infant death.
What you should do now
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Check your eligibility for unpaid parental leave under the National Employment Standards using the Fair Work Ombudsman resources.
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Review your specific employment contract and any company policies to understand additional paid parental leave benefits your employer might offer.
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Investigate your eligibility for the Australian Government's Paid Parental Leave scheme through Services Australia and understand the application process.
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Notify your employer in writing at least 10 weeks before your intended leave start date, providing key dates for your leave period.
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Discuss and confirm your leave arrangements, including any flexible options or combination of paid and unpaid leave, with your employer well in advance.
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