Parental leave is time off work parents can take to care for a new child, including after birth, adoption or fostering.
What is parental leave?
In Australia, parental leave allows eligible employees to take time away from work when they become responsible for the care of a child through birth or adoption. The entitlement forms part of the National Employment Standards (NES) under the Fair Work Act.
Eligible employees can access up to 12 months of unpaid parental leave and may request an additional 12 months. The entitlement is designed to help parents balance work and caring responsibilities while providing job protection and a return-to-work guarantee.
Parental leave under the Fair Work Act is separate from government-funded Paid Parental Leave payments. Some employers may also offer paid parental leave as part of their employee benefits package.
Things to know
- Unpaid parental leave is part of the National Employment Standards (NES).
- Eligible employees can take up to 12 months of unpaid parental leave and may request an additional 12 months.
- Some employers provide additional paid parental leave benefits beyond minimum legal requirements.
- Eligible employees are generally entitled to return to their pre-leave job or an equivalent role when they return to work.
FAQs
Who is eligible for parental leave in Australia?
Employees are generally eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer immediately before the expected birth or adoption. Certain casual employees may also qualify if they have worked on a regular and systematic basis and have a reasonable expectation of ongoing employment.
How much parental leave can employees take?
Eligible employees can take up to 12 months of unpaid parental leave and may request an extension of up to a further 12 months.
Is parental leave paid in Australia?
The National Employment Standards provide an entitlement to unpaid parental leave. Eligible employees may also receive government-funded Paid Parental Leave, while some employers offer additional paid parental leave benefits as part of their remuneration package.
Can both parents take time off?
Yes. Both parents may be entitled to parental leave, subject to eligibility requirements. Leave can be taken in different ways, including periods of leave taken at the same time in certain circumstances.
What happens when an employee returns from parental leave?
Employees who return from parental leave are generally entitled to return to the position they held before taking leave, or an available position that is comparable in status and pay if that role no longer exists.
