Parental leave is different to parent's leave. In general, parental leave must end when your child reaches age 13. Parent's leave is time off work to care for your child during their first year.
Amount of parental leave you can take
You can take 22 weeks parental leave per child. If you have more than 1 child, you can't take more than 22 weeks in a 12 month period.
In the case of multiple births, such as twins, you can take 22 weeks’ leave for each child. The 12 month restriction does not apply in this case.
Age of child
In general, a period of parental leave must end when your child reaches 13.
If your child is aged between 11 and 13 when you adopt them, you can take leave up to 2 years after the date of the adoption order.
If your child has a long-term illness or disability, you can take parental leave until they are 16 years old.
Who can apply
Generally, you must have worked for at least 1 year before you can take parental leave. But if your child is reaching the maximum age, you may be able to take 'pro-rata' parental leave. This means you are entitled to 1 week's leave for every month you have worked.
Part-time employees are also entitled to parental leave on a pro-rata basis.
If both parents have the same employer
It's possible to transfer 14 of your 22 weeks of parental leave to the other parent of your child. This depends on your employer agreeing to this.
Ways you can take parental leave
Parental leave can be taken as:
- 1 continuous period of leave equal to 22 weeks
- two separate periods, each consisting of not less than 6 weeks and not more than 22 weeks
- 1 or more days per week
- 1 or more hours per week
- a combination of hours and days
If you plan to take 2 separate periods of leave, you must wait 10 weeks after your first period of leave has ended.
Protection of your employment rights
Your employment rights are protected during parental leave. The only exception to this is your right to pay and superannuation.
You will continue to build up annual leave. You are also entitled to any public holidays which fall during a period of parental leave.
Periods of probation, training or apprenticeship may be suspended.
If you become ill while on parental leave
If you get sick while on parental leave and are unable to care for your child, your parental leave can be suspended. The leave may then be treated as sick leave. To do this, you must provide your manager with a doctor's certificate. Your parental leave will resume after the illness.
Postponement of parental leave
Parental leave may be postponed by your employer. This can happen if your leave will make it difficult to run your workplace.
Your employer must explain to you why they need to postpone your leave. Your leave can only be postponed for a maximum of 6 months.
Parental leave may only be postponed once.
Requesting changes to working hours or patterns
If you are returning to work from parental leave, you can request changes to your working hours or patterns. This is usually proposed for a set period of time.
Your employer must respond to your request in writing. They will take into account both the employer’s and your needs. There is no obligation on the employer to grant the change requested.
How to apply
Complete the parental leave application form and give it to your manager at least 6 weeks before you plan to take parental leave.
You and your manager will need to complete a parental leave confirmation document (part of the parental leave application form). This document shows that you and your manager agree on the parental leave dates and the way in which it will be taken.
You both must complete this at least 4 weeks before the leave will begin.
The document shows:
- the date the leave will begin
- the length of time that you will be on parental leave
- the way you plan to take the leave, for example, 18 weeks in a row or 1 day off per week
- signatures of the manager and the employee
You can change your mind before you sign the confirmation document. Let your manager know in writing if you want to cancel your parental leave request.