Know your rights: Parental leave
The arrival of a new addition to the family is an incredibly exciting and special time. For many, this also means taking time off work to adjust to life with their new baby and enjoying the precious moments (and likely, the sleepless nights) that come with having a newborn.
With so much else on your plate, figuring out how to navigate parental leave can feel like just another thing on your to-do list. That’s why understanding your parental leave entitlements under the law, even before you consider starting a family, can ensure you are prepared and well supported during this important period.
Here’s what you should know about your rights and responsibilities as an employee.
Types of parental leave
In Australia, workers can typically take up to 12 months of unpaid parental leave after the birth, adoption, or arrival of a child under the age of 16 into their care. To be eligible, they must be employed permanently or meet certain criteria as a casual employee, and have provided at least 12 months of continuous service prior to taking parental leave.
Workers are also able to request an additional 12 months of unpaid leave which, if your employer agrees to grant this, can extend your unpaid parental leave to up to 24 months total.
In the past, government leave entitlements differed depending on if you were the primary or secondary caregiver. Currently, there’s a single parental leave scheme for both parents. This also means both parents are entitled to unpaid time off – even at the same time.
It’s important to remember that while this leave entitles you to time off, it doesn’t guarantee that you’ll be paid. And while both parents are entitled to take parental leave, some forms of payment are only accessible to the one caregiver at a time.
Paid leave options
No matter your family set-up, there are ways to unlock paid leave following the arrival of a new child. Parents can take a combination of the various paid leave options available to them, so it’s worth doing research related to your specific circumstances and talking to your employer to find out what’s possible.
Paid leave types can include:
- Government-funded Parental Leave Pay: If you meet the criteria, your family may be able to access government-funded leave. This includes 120 days of paid leave, with 15 of those reserved for a partner (if you have one). You can also share your remaining leave with your co-parent and take up to 20 days at the same time. Superannuation is now paid on this.
- Employer-funded parental leave: While there’s no legal requirement for employers to offer paid parental leave, many do. This could be for either parent, or defined by primary or secondary caregiver, and often has conditions attached, such as how long you’ve worked there. Check your contract, internal policies and reach out to HR for more information.
- Annual leave and Long Service Leave: Either parent can take annual or long-service leave (if you have any) as part of your eligible time off work.
- Personal leave: Also known as sick and carers leave, this can also be accessed by either parent during your parental leave.
Returning to work
Before you officially go back to work, you might want to arrange ‘keeping in touch’ days with your employer during your parental leave period. Employees can take up to 10 days for every 12 months of parental leave, paid at your normal wage. They’re a great way to stay up-to-date or refresh skills before stepping back into your role.
When your leave is over, you’ve got the right to return to the same job you had before (or a similar one if that role no longer exists). That’s part of the return-to-work guarantee under the Fair Work Act.
You can also request flexible working arrangements when you come back. But while your employer has to consider your request, they don’t always have to say yes.
“There is the right to request, but not a right to have,” says Andrew Jewell, Principal at Jewell Hancock Employment Lawyers. “Employees often ask for reduced hours when returning. Larger businesses often find this easier as they’ve got the systems set up to do so, but smaller businesses might find it trickier.”
Employers must respond to the application for flexible working arrangements, and if they reject it, there must be reasonable business grounds – not just because they prefer otherwise.
Jewell encourages both sides to approach the conversation in good faith. “There are circumstances where an employee might ask for two days a week, but the employer might only be able to manage three. So it can become this push and pull negotiation,” says Jewell.
Tips for navigating conversations on parental leave
If you’re planning for parental leave, here’s what to keep in mind to ensure a smooth transition for both you and your employer:
1. Put your request in writing
Telling your manager you’re going on parental leave is a great start—but you’ll also need to make it official. That means putting it in writing to HR. “A lot of employees actually miss this step. They’ll often chat with their manager, who says it’s fine, but the employee forgets to formally submit the request,” says Jewell.
The written request should let HR know of you or your partner’s pregnancy (or adoption), your plan to take leave, and from which dates.
2. Go above the minimum requirements, where possible
While you’re only legally required to notify your employer 10 weeks before you plan to take leave, Jewell suggests it’s best to do this as early as possible. This is for a few reasons.
“It tends to help the relationship if you tell your employer about your planned leave as soon as you’re comfortable. This gives them as much time as possible to plan, as well as potentially helping protect you from discrimination against pregnancy,” says Jewell.
Similarly, let your employer know as soon as possible if anything changes around the timing or duration of your leave.
3. Share your expectations
People have different preferences for how they stay in touch with their employer while on parental leave. You might want to hear regular updates about what’s going on to stay in the loop, or prefer to leave that for when you’re back at work.
It’s best to let your employer know what your preferences are upfront, as well as if this changes during your time off.
4. Consider flexibility when returning to work
Thinking about going part-time or adjusting your hours when you return? Have a chat with your employer early and put your request in writing. This can help set clear expectations and avoid any confusion, especially if your manager or team changes while you’re away.
While employers have an obligation to consider flexible working applications, sometimes these might not be possible due to the role’s structure or the business’s needs. Think about where you could adjust to make it work for everyone.
Parental leave is an exciting time to spend bonding with and caring for your new member of the family. Following the right processes, plus clear communication, will make it easier to manage this time, so you can focus on what matters most.
For more information on parental leave entitlements, visit Fair Work and Services Australia.
Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.
