Pregnancy and Parental Leave

This Fact Sheet discusses the entitlement to unpaid and paid parental leave for eligible employees.

If you are a permanent full-time or part-time employee, you may be eligible to take up to 12 months unpaid parental leave under the National Employment Standards (NES) if:

• you, your spouse, or your de facto partner gives birth to a child (or adopts a child under 16 years of age); and
• you have, or will have, responsibility for the care of your child; and
• you have completed at least 12 months of continuous service with your employer as at the expected date of birth of your child (or, if the leave is adoption related, 12 months as at the date the leave is scheduled to start); and
• you have complied with the notice and evidence requirements.

If you are a casual employee, you may be eligible to take up to 12 months unpaid parental leave under the National Employment Standards if:

• you have or will have  responsibility for the care of your child; and
• you have been working with your employer on a regular and systematic basis for at least 12 months as at the expected date of the birth of your child (or, if the leave is adoption related, 12 months as at the date the leave is scheduled to start); and
• but for the birth (or adoption) of your child, you would have a reasonable expectation of continuing work with your employer on a regular and systematic basis; and
• you have complied with the notice and evidence requirements.
• if you have not been employed on a continuous basis for more than 12 months (or you have not been employed on a regular and systematic basis if you are a casual employee), you are not entitled to unpaid parental leave under the Fair Work Act 2009 (Cth).

There are a number of important things to be aware of before taking parental leave, including:

• the need to formally apply for unpaid parental leave
• the ability to apply to extend your parental leave beyond the initial 12 month period;
• your options for transferring to a safe job in certain circumstances;
• your employer’s options for dealing with your absence;
• keeping in touch days; and
• paid parental leave eligibility

For more information about pregnancy and parental leave, we recommend you download the ‘Pregnancy and Parental Leave’ Fact Sheet.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.