Australia’s Paid Parental Leave (PPL) scheme gives eligible parents up to 20 weeks of government-funded pay around the birth or adoption of a child. The payment is made by Services Australia (formerly Centrelink), not the employer — but employers still have obligations, particularly around通知, flexibility, and workplace flexibility obligations.

This guide covers Australian parental leave in 2026: the PPL scheme, eligibility rules, how the payment works, employer obligations, and the interaction between government leave and employer-provided leave.

Key takeaways

  • Eligible parents can receive up to 20 weeks (100 days) of Paid Parental Leave at the national minimum wage rate.
  • The PPL can be claimed by either parent and can be split between two parents (from 2026, up to 20 days can be reserved for each parent).
  • PPL is paid by Services Australia, not the employer — the employer is not required to fund the payment.
  • Employers must provide unpaid parental leave under the Fair Work Act 2009 for up to 12 months per child.
  • The “keep in touch” provisions allow up to 10 days of work during PPL without losing the payment.

How Paid Parental Leave works

The Paid Parental Leave scheme is a government payment, not an employer benefit. Services Australia pays the employee directly based on the employee’s claim.

Detail 2026
Duration Up to 20 weeks (100 days)
Payment rate National minimum wage (~$24.80/hour as of July 2026)
Paid by Services Australia
Claim window Within 12 months of birth or adoption
Work test 10 of 13 months before birth, with 330+ hours in that period
Income test Individual income under ~$168,865/year
Residency Australian resident or special category visa holder

From 2026, the PPL has been expanded to 20 weeks (up from 18 weeks in prior years). The government has signalled its intent to continue expanding toward 26 weeks in future budgets.

Splitting PPL between parents

One of the most significant features of the Australian PPL scheme is that it can be claimed by either parent and shared between them. Since 2024, a minimum of 20 days is reserved for each parent — meaning if only one parent claims, they can access the full 20 weeks but the reserved portion for the other parent is lost.

This “use it or lose it” structure encourages both parents to take leave. The total claimable period across both parents cannot exceed 20 weeks.

Example: The birth parent takes 15 weeks of PPL immediately after birth. The non-birth parent takes the remaining 5 weeks (20 minus 15). If the non-birth parent does not claim, those 5 weeks are lost — they cannot be reallocated.

Unpaid parental leave under the Fair Work Act

Separately from the PPL scheme, the Fair Work Act 2009 provides eligible employees with up to 12 months of unpaid parental leave per child. This is a workplace right, not a government payment.

Key features:

  • Available to employees with 12+ months of continuous service with the same employer.
  • Both parents can take unpaid parental leave — it is not limited to the birth parent.
  • The employee can request an additional 12 months (total 24 months), which the employer can only refuse on reasonable business grounds.
  • PPL and unpaid parental leave can run concurrently — the employee receives the government payment during the first 20 weeks of the leave period.

Employer obligations

While the PPL payment itself comes from Services Australia, employers have several obligations:

  1. Notice requirements. Employees must give at least 10 weeks’ notice before the expected birth or adoption date. Employers must provide a written response within 21 days confirming the leave arrangements.
  2. Unpaid parental leave. Employers must provide unpaid leave for up to 12 months (and consider a further 12-month request) under the Fair Work Act.
  3. Job protection. The employee’s position (or a comparable role) must be available when they return. Employers cannot terminate an employee for taking or requesting parental leave.
  4. Flexible work. Employees returning from parental leave have the right to request flexible working arrangements for up to 12 months. The employer can only refuse on reasonable business grounds.
  5. Superannuation. Employers must continue making superannuation guarantee contributions during unpaid parental leave if the employee’s salary was above $450/month before the leave (this threshold was removed from 1 July 2022 — contributions are now required regardless of salary level).
  6. Keep in touch days. Up to 10 days of work during PPL or unpaid leave are permitted without affecting the payment or leave entitlement. These must be agreed by both parties.

PPL and employer-provided leave

Many Australian employers offer parental leave in addition to the government PPL — commonly called “employer top-up” or “company parental leave.” This is not legally required but has become a competitive recruitment tool.

Where an employer offers paid parental leave, the interaction with PPL matters:

  • The employee can receive both the government PPL and employer-paid leave, unless the employer’s policy specifically offsets one against the other.
  • If the employer’s policy provides a higher payment than PPL, the employee typically receives the employer payment for the weeks the PPL is not claimed, and PPL for the remaining weeks.
  • Employer policies should clearly state whether PPL is offset, supplemental, or independent.

Common employer pitfalls

1. Requiring employees to use annual leave before parental leave

Employers cannot require employees to exhaust annual leave before taking unpaid parental leave. Annual leave and parental leave are separate entitlements.

2. Not responding to leave requests within 21 days

The Fair Work Act requires a written response within 21 days of a parental leave request. Failing to respond is a breach.

3. Refusing flexible work requests without reasonable grounds

Returning parents have a statutory right to request flexible work. Refusing without documenting reasonable business grounds exposes the employer to a complaint to the Fair Work Commission.

4. Stopping superannuation during unpaid leave

Superannuation guarantee contributions must continue during unpaid parental leave. Stopping them is a compliance breach with the ATO.

Putting it into practice

Five steps keep Australian parental leave compliant:

  1. Confirm the employee’s PPL eligibility and advise them to lodge their claim with Services Australia at least 4 weeks before the intended start date.
  2. Issue a written response to the parental leave request within 21 days, confirming the leave period and return-to-work arrangements.
  3. Track keep-in-touch days separately from working days — 10 days maximum during the leave period.
  4. Continue superannuation contributions throughout unpaid parental leave.
  5. Document any flexible work arrangements agreed upon return, and keep the 12-month request window open.
You can take advantage of the free 14 days trial and explore Leave Balance.

Leave Balance handles the full parental leave lifecycle — from initial request through PPL coordination, superannuation tracking, keep-in-touch days, and return-to-work flexible arrangements. Built for Australian employment law, designed for teams that want to stay compliant without the paperwork burden.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. PPL rates and eligibility criteria change annually — confirm current figures with Services Australia.