Employees can get parental leave when a child is born or adopted.
Parental leave is time off that can be taken when an employee has worked for the same employer for at least 12 months and:- the employee gives birth,
- the employee's spouse or de facto partner gives birth, or
- the employee adopts a child under the age of 16.
Employees are entitled to up to 12 months unpaid parental leave and can request additional leave of up to 12 months if agreed to by their employer. There are government-funded parental leave payments available for eligible employees. Eligible employees get up to 20 weeks' government parental leave pay which is paid at the National Minimum Wage.
Parental leave pay will increase by two weeks from 1 July 2024 and then at the beginning of each financial year thereafter, increasing to a total of 26 weeks by July 2026.
Generally, employees must give 10 weeks' notice to notify their intention to take unpaid leave, unless this is not possible. If the employee is pregnant, they can start 6 weeks before the due date. If the employee is adopting, leave starts on the date of birth or placement of child. If the employee is using a surrogate, only the woman who gives birth to the child and her spouse/de facto partner are entitled to unpaid parental leave. Intended or biological parents are not entitled to leave.
Casual employees are not entitled to parental leave unless:
- they have been working with the same employer regularly and systematically for a least 12 months, and
- there's a reasonable expectation of continuing work with the employer on a regular and systematic basis.
For more information: https://www.fairwork.gov.au/leave/maternity-and-parental-leave