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Understanding Paid Parental Leave In Australia

Published 4 Feb 2025
parental leave

This factsheet explains your obligations as an employer when it comes to parental leave, plus additional information around this complex topic.

The factsheet includes;

  • What is parental leave?
  • How does Paid Parental Leave (PLP) work?
  • What are the changes that came into effect on 1 July 2023?
  • What are ‘keeping in touch’ days?
  • What happens if there is a stillbirth or infant death?
  • What records do employers need to keep?
  • What is employer-funded paid parental leave?
  • How else can employers support working parents?

All government information was sourced from fairwork.gov.au.

For a comprehensive understanding of how to create the best environment for working parents, check out our Guide to Supporting Working Parents.

Download our parental leave factsheet now.

parental leave

What is parental leave? 

In Australia, the Fair Work Act 2009 (Cth) provides a range of entitlements for employees on parental leave or that are pregnant in the workplace. Whilst the term ‘Parental Leave’ generally refers to the leave taken following the birth or adoption of a baby, there are a vast range of entitlements that fall under the umbrella of ‘parental leave’ which provide additional entitlements for employees such as flexible parental leave, pre-adoption leave, compassionate leave in special circumstances related to pregnancy, special maternity leave and the right to a safe job and ‘no safe job’ leave.

Parental leave can be taken by an employee that gives birth, an employee’s spouse or de facto partner of a person that gives birth or an employee that adopts a child under 16 years of age. 

Any of these employees are entitled to up to 12 months of unpaid parental leave and they can request an additional 12 months if they so choose (however such additional leave is subject to approval from the business and may be refused on reasonable business grounds).

To be eligible for parental leave, permanent employees must have worked for their employer for at least 12 months before:

  • The expected birth date if the employee is pregnant 
  • The date of the adoption or;
  • The date the leave starts

The employee must also have, or will have, responsibility for the care of the child to be eligible for unpaid parental leave. Parents who experience a stillbirth or the death of an infant during the first 24 months of life can also take unpaid parental leave.

Casual employees will be eligible for unpaid parental leave if they have been working for their employer on a regular and systematic basis for at least 12 months. There must also be a reasonable expectation that the employee would have continued working with the employer on a regular basis had it not been for the birth or adoption of a child. 

After the employee has taken parental leave, they do not have to work for another 12 months with their employer to be eligible to take parental leave again. If they change employers, however, they will need to work with that business for at least 12 months before taking their next period of paternal leave. 

Learn more about parental leave here.

Know your employer obligations

For any new working parent, having a child is both an exciting and nerve-racking time. There is an abundance of documents and materials to navigate, so staying up to date on the latest parental entitlements can be an overwhelming task.

That’s why it’s crucial for businesses to monitor the latest changes and provide helpful information to their employees.

If you as their employer have your own enterprise agreements or entitlements stated in their employment contract, it’s important to check for any further payments or benefits working parents may be eligible for.

That way both you and your employee can work together to create the most desirable outcome for both parties.

Want to get more in-depth information about parental leave in Australia? Download our factsheet now.

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