Parental leave guide for employees

Your questions answered 

Whether you're about to become a parent for the first time or need a refresher, chances are you've landed here feeling overwhelmed, panicky, or questioning your intelligence if you've recently tried applying for paid parental leave. It's not you – there's a lot of information to wade through.  

As working parents ourselves, we understand how difficult it can be to find easy-to-understand information at the time you need it. This guide aims to equip you with the right information ahead of conversations with your manager, so you can prepare for this exciting time without the complicated jargon.   

What are the different types of parental leave?  

• Unpaid parental leave under the Fair Work Act 2009 (FW Act), including adoption leave  
• Government-paid parental leave (PPL) 
• Employer-paid parental leave.  

Other types of parental leave: 

• Special unpaid parental leave (in the case of miscarriage or pregnancy-related illness)  
• Flexible unpaid parental leave (which comes out of your entitlement to unpaid parental leave)
• Pre-adoption leave.  

What are my entitlements?  

All Australian employees are entitled to take up to a year of unpaid parental leave if:

• you are a permanent employee and have worked for at least 12 continuous months immediately before the date of birth or adoption; or
• you are a casual employee and have been employes on a regular and systematic basis for at least 12 monhts and have a reasonable expectation of ongoing employment on the same basis; and
• you have or will have responsibility for the care of the child. 

Some employers may have their own paid leave scheme, separate from the government's paid parental leave. Or they may wish to top up the government's paid leave to make up your current salary.  

What is the bare minimum I have to do before going on leave?  

Give notice 

• At 10 weeks (or before)
  You must give at least 10 weeks' written notice of your intention to take parental leave (where practicable). This notice must include the start and finish dates of your intended leave, as well as the total number of days of flexible parental leave you intent to take in relation to the child.

• Again at four weeks (if practicable) 
  Since this can be an unpredictable time, four weeks before you start your leave, you must provide your employer with confirmation of the dates of intended leave, or let them know of any date changes. If you can't do this (for example, a premature birth), give notice as soon as practicable. You must also give four weeks of written notice of the day/s on which you intend to take flexible parental leave.  

What's in my best interest to do before going on leave?  

• Complete a handover plan
  Regardless of whether or not someone will be covering your position while you're on leave, a handover plan will help the business manage in your absence and help you switch off once you're on leave too.  
• Request flexibility  
  If you're the birth mother, you may need to do this to attend medical appointments and scans in the lead-up to the birth. When returning from leave, flexible working arrangements can help you manage the transition and juggle sick days and emergencies. Pregnant employees are often entitled to request flexible working arrangements under the FW Act.    
• Have a Keeping in Touch (KIT) plan
  Keeping in touch days during your parental leave are helpful to ease back into work and get up to speed with organisational changes. See more on KIT days below.
• Research childcare options
  Childcare centres often have long wait lists, and if you can't get a spot in your desired centre or suburb, this may delay your return from leave.
• Leave on a positive note
  We recognise that not every employee experience is going to be a positive one. Even if you don't wish to return to your job, it's wise to keep your options open – a lot can happen in a year! Act professionally, tie up any loose ends before you go, and leave on a positive note.   

This is my second time around. Do I need to work another 12 months before going on leave for another child?  

No, you don't need to work for another 12 months before you can take another period of leave if you are with the same employer.

If you have started a new job, you will need to work with that employer for at least 12 months before the date of birth or adoption to be eligible for unpaid parental leave.

I'm adopting, what is pre-adoption leave?  

If you are taking parental leave to care for an adopted child, you are entitled to two days of unpaid pre-adoption leave to attend interviews and appointments. However, in these circumstances your employer may instead request you take another form of leave to which you are entitled (e.g. paid annual leave). 

When does special parental leave apply?  

You are eligible for unpaid special parental leave if you are pregnant and not fit for work because of a pregnancy-related illness or if the pregnancy ends after (at least) 12 weeks because of miscarriage or termination.  

Give your employer notice that you are taking unpaid special parental leave as soon as practicable – this this may be after leave has already started.  

I want to work right up to my due date. Is that possible?  

Yes, though keep in mind as your pregnancy progresses, you may feel more fatigued. If you wish to continue working during the six weeks before your due date, it is within your employer's rights to ask for a medical certificate stating you are fit for work.   

How do KIT days work again?  

While on parental leave, you are entitled to work 10 paid keeping in touch (KIT) days without breaking your leave or losing your paid entitlements.  

While work might be the last thing on your mind, KIT days are beneficial during and towards the end of your leave to ease the transition back into work. The purpose of KIT days is to stay connected, and you can use these to attend work-related activities such as training, company meetings or conferences.  

Your employer pays KIT days at your usual rate. Participating in a paid work activity for at least one hour counts as one KIT day, and your employer will pay you for that hour. Keep in mind that KIT days must be mutually agreed between an employer and an employee (meaning, you can’t just decide to work a KIT day and expect to be paid), so check in with your manager to discuss how and if  they might be used.  

When can you use a KIT day?  

A KIT day can't be taken in the first two weeks after the birth or adoption. As the worker, you can initiate a KIT day after two weeks. However, your employer can't ask you to participate in a KIT day within the first six weeks after the birth or adoption. These need to be mutually agreed, and you can't be forced into taking one.  

What is flexible unpaid parental leave?

Flexible unpaid parental leave is parental leave that can be taken flexibly – for example as a single day or a combination of multiple days.  It can be taken either before or after a period of continuous unpaid parental leave, including once you have returned to work.

Subject to your employer’s agreement, you can take some of your 12 month entitlement to unpaid parental leave as flexible unpaid parental leave. Flexible unpaid parental leave is to be taken during the 24-month period starting on the date of your child’s birth or adoption.  If you are a pregnant employee you can access your flexible unpaid parental leave up to 6 weeks before the expected date of birth of your child.  The total amount of flexible and continuous leave you can take can’t exceed 12 months, unless you extend your parental leave (see below).

The amount of parental leave that can be taken as flexible parental leave depends on when your child is born or adopted, as follows:

• before 1 July 2024: up to 100 days;
• between 1 July 2024 and 30 June 2025 – up to 110 days;
• between 1 July 2025 and 30 June 2026 – up to 120 days;
• on or after 1 July 2026 – up to 130 days.

What is my right to safe work?   

Your employer has a legal obligation to provide a safe work environment, so far as is reasonably practicable. This includes pregnant employees and parents returning to work after parental leave. 

Pregnant employees (regardless of if you are entitled to unpaid parental leave under the FW Act or not) are entitled to move to a safe job if it is unsafe for you to do your present job due to your pregnancy.  

If you need to transfer to another job, it has to be the same hours as your present position or a different number of hours you have agreed to. In this circumstance, you may be asked to provide a medical certificate that states you are fit for work, but it's inadvisable to continue in your present job because of illness or risks connected to pregnancy or hazards at work for a certain period (the risk period).  

If there is no safe job available, you may be able to take ‘no safe job leave’ for the relevant risk period. If the employee is entitled to unpaid parental leave under the FW Act, ‘no safe job leave’ will be paid. 

Do I have a right to return to my old job?   

Yes. All employees (including part-time and casual) are protected under anti-discrimination laws in Australia. You cannot be disadvantaged in any way after taking parental leave.  

You have a right to return to the position you held even if another person is working in your role as a replacement. If your role no longer exists, you are entitled to a role of a similar status and salary to your old job. You may be entitled to a redundancy payout if no job is available.  

I want to extend my parental leave. What do I do?   

Both parents of a child can request an extra 12 months of unpaid parental leave (up to a total of 24 months each) from their employer. The request to extend the leave for an additional 12 months must be in writing and given to the employer at least four weeks before the end date of your first leave period. This leave can only be refused after discussing the request with the employee and based on reasonable business grounds. 

Your employer is required to respond to any request for an extension to your parental leave in writing within 21 days and, if refusing your request for an extension, must set out the particular business grounds for the refusal. Your employer must also consider whether there is any other period of extension it would be willing to grant you.

For your initial entitlement to 12 months of unpaid parental leave, if you initially apply to take less than 12 months unpaid parental leave, you can extend your leave once. The total period (including any extension) cannot be more than 12 months. If you want to extend your leave in these circumstances, you have to give at least four weeks’ written notice before your leave ends providing your new end date. Please note that your employer is only required to approve one extension. Any further requests for an extension need to be agreed between you and your employer. 

What are my rights around flexibility?   

Under the FW Act, you are eligible to request flexible working arrangements if you have worked with the same employer for at least 12 months (either as a permanent employee or as a casual employee if you have done so on a regular and systematic basis and have a reasonable expectation of continuing to work on the same basic) and are: 

• the parent, or have responsibility for the care, of a child who is school age or younger 
• pregnant
• a parent of a child under the age of 18 with a disability. 

If the organisation you work for already has a flexible work policy or recognises the benefits of flexible work, you may not need to submit a formal request. You should discuss this with your manager to ensure your flexibility needs match the business needs.  

If you need to request flexible working arrangements in your organisation. Your manager/employer must respond to any requests for flexible working arrangements within 21 days. They must not refuse such a request unless there are reasonable business grounds. If you have been refused a request for flexible working arrangements and you do not have a reasonable explanation, your employer may be in breach of its obligations under the FW Act and/or anti-discrimination legislation. 

A note on pregnancy discrimination  

Pregnancy discrimination is incredibly common, with 1 in 2 (49%) of mothers experiencing discrimination in the workplace at some point during pregnancy, parental leave or on return to work. Men can also experience discrimination or stigma associated with taking parental leave or requesting flexibility. 

What happens if I experience discrimination or get made redundant on parental leave?  

Further information on unlawful discrimination can be obtained by visiting the website of Fair Work Commission, the Equal Opportunity & Human Rights Commission, or the appropriate equal opportunity body in the state or territory in which you work. 

Further support 

Download our kit for dad and mums in small business to access the tools and information to help guide you through the parental leave journey. You can also use the Parent Journey Planner on the Parent Well to help navigate this transition well.  

 Download the parental leave toolkit for dads