What is parental leave in Australia?
Parental leave, is a period of time employees can take off work to care for a newborn or newly adopted child. Under Australian law, eligible employees are entitled to up to 12 months of unpaid leave, with the option to request an additional 12 months. The Fair Work Act 2009 protects employees during this period and ensures they can return to their role or a comparable one once their leave ends.
In addition to unpaid leave, employees may be eligible for government-funded Parental Leave Pay (PLP), which offers 18 weeks of pay at the national minimum wage. Some businesses provide additional paid maternity leave as part of their benefits package to increase employee retention rates and boost job satisfaction among their staff.
What are employer obligations regarding parental leave?
Compliance with parental leave laws requires businesses to offer eligible employees access to unpaid parental leave while holding their position within the company for them. Protecting their job is important and ensures employees can return to their original or equivalent role when their leave concludes. Managing requests for leave extensions beyond 12 months in consideration of reasonable business grounds is another important task businesses have.
Check the Fair Work Act 2009 and the relevant award or enterprise agreement to determine how employee benefits and perks, such as annual leave and long service leave accruals, are managed during periods of unpaid leave. Sharing information about these entitlements can support transparency and help employees understand how their time away may relate to workplace benefits.
How to determine eligibility for parental leave
Employees are eligible for parental leave if they have completed at least 12 months of continuous service with the business by the expected birth or adoption date. This eligibility applies to full- and part-time employees and regular casual staff. Employees are expected to give at least ten weeks’ notice of their intention to take leave and submit relevant medical or adoption documentation as evidence.
Being aware of these eligibility requirements means businesses can process leave applications efficiently while ensuring compliance with their legal obligations. Clear internal policies can guide both managers and employees through this process and reduce uncertainty.
Managing parental leave requests
Handling parental leave requests effectively ensures minimal disruption to operations and promotes a positive working environment. This is where the company’s leave policies come in. They need to outline how exactly employees can apply, what documents need to be submitted and what processes will be followed during their absence.
It is important to plan for temporary replacements and reassign tasks to ensure business continuity. Depending on the employee’s role, hiring contract staff or redistributing responsibilities among team members can prevent any operational gaps. Staying in touch with the staff members throughout their leave period helps employees feel connected and valued, which will make their transition back into the workforce easier.
When an employee requests an extension of their leave beyond the initial 12 months, the Fair Work Act requires confirmation in writing, with decisions being made on reasonable business grounds. Employers may consider how they balance the company’s operational needs with employee well-being.
How to support employees during parental leave
In addition to the statutory leave provisions, some businesses provide their own paid parental leave to enhance employee satisfaction and reduce turnover. Flexible work arrangements, such as part-time hours or remote work, can further support employees returning to work after parental leave. What’s more, providing access to well-being services or offering childcare support can help new parents manage the demands of work and family life.
Employers that offer additional support demonstrate that they care for their employees, which can foster loyalty among staff. These efforts also contribute to a positive workplace culture, a key aspect of attracting and retaining talent.
Related: Dad and Partner Pay – Parental Leave Guidelines for Australian Fathers in Employment