Parental Leave in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Australia runs two parental-leave systems in parallel: an unpaid NES entitlement that protects your job, and a government-funded Paid Parental Leave (PPL) payment that gives you income while you're off.
Under the NES, employees with at least 12 months' service can take up to 12 months of unpaid parental leave, with a right to request another 12 months on top — so up to 24 months total. The entitlement covers birth parents, adoptive parents, and partners.
The PPL scheme is run by Services Australia, not your employer. As of 1 July 2024 it pays up to 22 weeks at the national minimum wage, rising to 26 weeks by 2026. Both parents can share the entitlement — a deliberate move toward more balanced uptake.
- PPL work test: at least 330 hours in 10 of the 13 months before the birth or adoption (roughly a day a week).
- Income test: individual adjusted taxable income $168,865 or less.
- Job protection: your employer must return you to the same or an equivalent position when you come back.
When does it apply?
- You have completed at least 12 months of continuous service with your employer (for unpaid leave).
- You are a birth parent, adoptive parent, or the partner of a birth/adoptive parent.
- Casual employees may qualify if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing.
What to Do If Your Australian Employer Denies Your Parental Leave Rights
- Give your employer at least 10 weeks' notice of your intended leave start date.
- Provide at least 4 weeks' notice to confirm or change the date.
- Apply for PPL through Services Australia (myGov/Centrelink) up to 3 months before the expected date.
- If your employer refuses your return-to-work request, contact the Fair Work Commission.
What should you NOT do?
- Don't resign before taking your leave — you only get job protection if you remain employed.
- Don't wait too long to apply for PPL — claims must be lodged within 56 days of the birth or adoption.
- Don't assume casuals are excluded — regular and systematic casuals may still qualify for unpaid parental leave.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does parental leave apply?
You have completed at least 12 months of continuous service with your employer (for unpaid leave).You are a birth parent, adoptive parent, or the partner of a birth/adoptive parent.Casual employees may qualify if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing.
What should I do if my employer in Australia is refusing my parental leave or not protecting my job?
Give your employer at least 10 weeks' notice of your intended leave start date.Provide at least 4 weeks' notice to confirm or change the date.Apply for PPL through Services Australia (myGov/Centrelink) up to 3 months before the expected date.If your employer refuses your return-to-work request, contact the Fair Work Commission.
What mistakes should I avoid with parental leave?
Don't resign before taking your leave — you only get job protection if you remain employed.Don't wait too long to apply for PPL — claims must be lodged within 56 days of the birth or adoption.Don't assume casuals are excluded — regular and systematic casuals may still qualify for unpaid parental leave.
Parental Leave in other states
Same topic, different jurisdiction. Pick the one that applies to you.