Parental leave in Australia is governed by two overlapping systems: the National Employment Standards (NES) under the Fair Work Act 2009, which provides 12 months of unpaid leave for eligible employees, and the Commonwealth government-funded Paid Parental Leave (PPL) scheme, which offers up to 20 weeks of pay at the National Minimum Wage from July 2025. Since July 2023, the government has progressively merged the former Dad and Partner Pay into the unified PPL scheme, reserving a minimum of two weeks for the non-birth parent and allowing flexible sharing between both parents. These reforms mean Australian families can choose how to divide government leave to suit their circumstances while retaining the safety net of employer-guaranteed unpaid leave.

Statutory entitlement

12 months unpaid parental leave under the NES (with a right to request an additional 12 months). Government-funded PPL: 20 weeks at the National Minimum Wage from July 2025 (increased from 18 weeks in 2024 and 12 weeks in 2023). At least 2 weeks of PPL are reserved for the non-birth parent, with the remaining weeks available to either parent on a flexible basis.

Eligibility

NES unpaid leave: employees with at least 12 months of continuous service, including long-term casuals with a reasonable expectation of ongoing employment. Government PPL: must meet the work test (at least 330 hours of work in 39 of the 52 weeks before birth or placement, with no more than an 8-week gap between work days), the individual income test (adjusted taxable income ≤ $171,865), and be the primary carer or partner of the primary carer. Australian citizens, permanent residents, and certain visa holders with work rights are eligible.

Employer obligations

  • Grant eligible employees up to 12 months of unpaid parental leave under the NES.
  • Maintain the employee's pre-leave position or an equivalent position upon return to work.
  • Respond in writing to requests for extension of unpaid leave within 21 days, providing reasons if refused.
  • Not disadvantage or discriminate against employees who take or request parental leave.
  • Register as a paying agent with Services Australia if required, and distribute government PPL payments through payroll where applicable.
  • Provide a safe return to work and allow up to 10 keep-in-touch days during parental leave without breaking leave continuity.

Employee rights

  • Right to 12 months of unpaid parental leave with a guaranteed return to the same or equivalent position.
  • Right to request an additional 12 months of unpaid leave — the employer may refuse only on reasonable business grounds and must respond in writing within 21 days.
  • Right to flexible use of government PPL — taking leave in blocks of at least one week, with the ability to reserve at least 2 weeks for the non-birth parent.
  • Right to return to work safely, with protections against adverse action under the Fair Work Act.
  • Right to work up to 10 keep-in-touch days during parental leave without forfeiting the leave entitlement.

Common pitfalls

  • Confusing government PPL with NES unpaid leave — they are separate entitlements and an employee can access both.
  • Assuming employers pay for parental leave — government PPL is funded by the Commonwealth; employers are only required to provide unpaid leave under the NES (though many offer top-ups).
  • Denying parental leave to casual employees who meet the 12-month regular service threshold — long-term casuals are covered by the NES.
  • Both parents taking NES unpaid leave simultaneously for more than 3 weeks — concurrent unpaid leave is limited to 3 weeks at birth unless the employer agrees otherwise.
  • Failing to respond to an extension request within 21 days — silence may be deemed a refusal; employers must respond in writing with reasons.

Government-funded paid parental leave

The Australian government provides up to 20 weeks of Paid Parental Leave at the National Minimum Wage through Services Australia, available from July 2025 (increased from 18 weeks in 2024). Both birth parents and non-birth parents are eligible to claim PPL, with at least 2 weeks reserved for the non-birth parent. Leave can be taken flexibly in blocks of at least one week within 24 months of the child's birth or adoption placement. The scheme is income-tested (individual adjusted taxable income ≤ $171,865) and subject to a work test. Employers registered as paying agents distribute PPL through their payroll system.

National Employment Standards unpaid leave

Under the NES, eligible employees — including permanent employees and long-term casuals — are entitled to 12 months of unpaid parental leave per child. Employees may also request an additional 12 months, which the employer can refuse only on reasonable business grounds. The leave can begin up to 6 weeks before the expected birth date. Employees have a guaranteed right to return to their pre-leave position, or an equivalent position if the original role no longer exists. Both parents may take unpaid leave, but not at the same time for more than 3 weeks at the time of birth, unless the employer agrees.

Flexible parental leave from 2023

Since July 2023, the PPL scheme has supported flexible use, allowing parents to take government-funded leave in blocks separated by periods of work. This replaced the previous requirement for a single continuous block. Families can share the available weeks between both parents, with at least 2 weeks reserved for the non-birth parent. The flexible provisions support a range of arrangements — from staggered returns to work to alternating periods of leave between parents — making it easier for families to balance caring responsibilities with workforce participation.

Frequently asked questions

How much paid parental leave do Australians get?

The government-funded PPL provides 20 weeks (from July 2025) at the national minimum wage. This is separate from any employer-provided leave. Both parents can share the 20 weeks, with at least 2 weeks reserved for the non-birth parent.

Can both parents take parental leave at the same time?

Under NES unpaid leave, both parents cannot be on unpaid parental leave at the same time for more than 3 weeks at the birth, unless the employer agrees otherwise. Government-funded PPL can be shared between parents and taken in flexible blocks within 24 months.

Does the employer pay for parental leave?

The government pays PPL at the national minimum wage. Employers are not required to top up but may offer additional paid leave as part of employment contracts or enterprise agreements. Employers who are registered paying agents distribute PPL through payroll.

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.