Parental leave is unpaid leave available to eligible employees in connection with birth or adoption of a child.
Legislation: Fair Work Act 2009 s67-85; Paid Parental Leave Act 2010 | Category: Leave
What is Parental Leave?
Parental leave is unpaid leave available to eligible employees in connection with the birth or adoption of a child. Under the NES, eligible employees are entitled to up to 12 months of unpaid parental leave, with a right to request an additional 12 months. This is separate from the government’s Paid Parental Leave scheme.
To be eligible, employees must have completed at least 12 months of continuous service. Both parents can take leave, but concurrent leave is generally limited to 8 weeks. Employees on parental leave have a right to return to their pre-parental leave position or an equivalent position.
Key Compliance Points for Employers
- Employees must give at least 10 weeks’ notice of intention to take parental leave
- Long-term casuals may be eligible if they had a reasonable expectation of ongoing employment
- Employees can request to extend leave to 24 months — can only be refused on reasonable business grounds
- Government Paid Parental Leave (from July 2024: 22 weeks, increasing to 26 weeks by 2026) is paid by Services Australia, not employers
- Employers can offer additional paid parental leave as an employee benefit
Frequently Asked Questions
What is Parental Leave?
Parental leave is unpaid leave available to eligible employees in connection with birth or adoption of a child.
Why is Parental Leave important for employers?
Understanding parental leave helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
