In Australia, eligible working parents can access up to 20 weeks of government-funded Paid Parental Leave (PPL) through Services Australia. Under the Fair Work Act 2009, eligible employees are also entitled to 12 months of unpaid parental leave with a right to request an additional 12 months. Employers may offer enhanced paid parental leave as part of their enterprise agreement or contract.

Statutory entitlement

12 months of unpaid parental leave under the National Employment Standards. Government-funded Paid Parental Leave: up to 20 weeks at the National Minimum Wage. From 2024, 20 weeks is available to a single primary carer, with 4 weeks transferable to a partner.

Eligibility

For NES unpaid leave: at least 12 months of continuous service with the employer (or reasonable expectation of 12 months for casuals). For government PPL: must meet work test (330 hours in 39 weeks), income test (individual adjusted taxable income ≤ $171,865), and be the primary carer of the child.

Employer obligations

  • Grant eligible employees up to 12 months of unpaid parental leave.
  • Maintain the employee's position during unpaid parental leave (unless replaced on a fixed-term basis).
  • Respond in writing to requests for extension of parental leave within 21 days.
  • Not discriminate against employees on the basis of parental leave or family responsibilities.
  • Pay government-funded PPL if the employer is registered as a paying agent.

Employee rights

  • Right to 12 months of unpaid parental leave with a guaranteed return to the same position.
  • Right to request an additional 12 months of unpaid leave — the employer must respond and can only refuse on reasonable business grounds.
  • Right to keep in touch days (up to 10) without breaking continuity of parental leave.
  • Right to return to the same position, or if it no longer exists, an available position for which the employee is qualified and suited with the nearest status and pay.

Common pitfalls

  • Denying parental leave to casual employees who have a reasonable expectation of ongoing employment — the NES covers long-term casuals.
  • Failing to respond to an extension request within 21 days — silence is deemed a refusal, but the employer should respond in writing.
  • Confusing government PPL with employer-provided leave — they are separate entitlements. An employer may offer additional paid leave on top of the government scheme.
  • Not allowing keep-in-touch days — employees can work up to 10 days during parental leave without ending their leave period.

Government Paid Parental Leave scheme

The Australian government provides up to 20 weeks of Paid Parental Leave at the National Minimum Wage. The scheme is administered through Services Australia and is separate from any employer-provided leave. Employers may act as paying agents, distributing the payment through payroll.

Unpaid parental leave under the NES

All eligible employees (including long-term casuals) can take up to 12 months of unpaid parental leave. This applies to birth parents, adoptive parents, and spouses or de facto partners of birth parents. The leave can start up to six weeks before the expected birth.

Return to work rights

After parental leave, employees have the right to return to their pre-leave position. If that position no longer exists, they must be placed in the nearest available position they are qualified for and suited to, with equivalent status and remuneration.

Frequently asked questions

Can both parents take parental leave at the same time?

Yes. Both parents can take unpaid parental leave concurrently for up to eight weeks (concurrent leave). Beyond that, only one parent can be on unpaid parental leave at a time unless the employer agrees otherwise.

Are casual employees entitled to parental leave?

Long-term casual employees who have worked for the same employer on a regular and systematic basis for at least 12 months are entitled to unpaid parental leave under the NES.

Can an employer refuse an extension request for parental leave?

Yes, but only on reasonable business grounds. The employer must respond in writing within 21 days. 'Reasonable business grounds' include the effect on the workplace, financial impact, and inability to find a replacement.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.