PARENTAL LEAVE What you should know

A guide to how parental leave works and new changes to the Fair Work Amendment Act 2014

When can employees take parental leave?

• They give birth. • Their spouse or de facto

partner gives birth. • They adopt a child <16

years of age.

How much leave can they take?

• They’re entitled to 12 months of unpaid parental leave.

• They can also request an additional 12 months of leave.

What if they’re adopting?

• They’re also entitled to two days unpaid pre-adoption leave to attend relevant interviews or exams, but…

• Not if you tell them to

take another type of leave (e.g., paid annual leave).

Who’s eligible for parental leave?

All employees in Australia who have: • worked for their employer >12

months: − before the birth date (if pregnant)− before the adoption date, or− when the leave starts (if taken after

another person cares for the child or takes parental leave)

• responsibility for the care of a

child.

What if they’re casuals?

Casual employees need to have: • been working for their

employer regularly/ systematically >12 months

• a reasonable expectation of

continuing regularly/ systematically (had it not been for the birth or adoption of a child).

What if they have another child?

• They don't have to work for another 12 months before taking another period of parental leave.

• However, if at a new

employer, they need to work there >12 months before taking parental leave.

Exceptions and sources

• Different arrangements apply when a transfer of business occurs. See Employee entitlements on a transfer of business for more information.

• Source reference: Fair Work Act 2009 (Cth) sections 67 - 70, 76 and 85

(Preceding information adapted from Fair Work Ombudsman)

Can a parental leave period be changed?

• Employee may extend parental leave, but…

• They need to give > 4 weeks written notice before the end of the original leave period.

• The notice must specify the end date for the leave.

Extensions to parental leave

• Only one extension allowed

• Extensions can be made by agreement < 24 months.

• Employee must have available period of unpaid parental leave of 12 months (minus concurrent, special maternity, paid no safe job or extended unpaid leave).

Reducing parental leave

If you agree, an employee who has already started parental leave may reduce the period of unpaid leave he or she takes.

Recent changes – Fair Work Amendment Act 2014• Employers can only refuse

a request for extension of unpaid parental leave if employee is given reasonable opportunity to discuss the request.

• Amendment took effect 27 November 2015

How is this different from previous law?

• You may refuse request for extension on reasonable business grounds by notifying the employee in writing and providing reasons for your decision.  

• You need to give employee reasonable opportunity to discuss the request, in addition to existing requirements.