Parental Leave in Victoria
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?
Employees who have worked for their employer for at least 12 months are entitled to up to 12 months of unpaid parental leave under the NES, with the right to request an additional 12 months (total of 24 months). This applies to birth parents, adoptive parents, and partners.
On top of the unpaid leave, eligible parents can receive the government-funded Paid Parental Leave (PPL) scheme. As of 1 July 2024, the scheme provides up to 22 weeks of pay at the national minimum wage rate (increasing to 26 weeks by 2026). Both parents can share the PPL entitlement.
- To qualify for PPL, you must have worked at least 330 hours (roughly one day a week) in the 10 of the 13 months before the birth or adoption.
- Your individual adjusted taxable income must be $168,865 or less per year.
- Your job is protected while you're on parental leave — your employer must give you back the same or an equivalent position.
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.
How Victoria differs from federal law
Parental leave entitlements in Victoria combine the federal scheme with some additional Victorian protections, particularly through the Equal Opportunity Act 2010 (Vic) and the Charter of Human Rights and Responsibilities Act 2006 (Vic).
- The NES entitlements (12 months unpaid parental leave with a right to request an additional 12 months) and the Commonwealth Paid Parental Leave scheme apply to all Victorian workers.
- Victorian Government employees receive more generous paid parental leave than the NES minimum. The Victorian Public Service Enterprise Agreement typically provides 14 weeks paid maternity leave, plus access to the federal Paid Parental Leave scheme.
- Victoria's Equal Opportunity Act 2010 explicitly prohibits discrimination on the basis of pregnancy, breastfeeding, and parental/carer status. This provides broader protection than the federal Fair Work Act.
- The Charter of Human Rights and Responsibilities Act 2006 (Vic) — Australia's first state human rights charter — protects the right of families to protection by the state and society, which supports parental leave rights in dealings with Victorian Government entities.
- Victoria also provides a kindergarten fee subsidy and free kindergarten programs that support parents returning to work after parental leave.
Additional Steps in Victoria
Apply for the Commonwealth Paid Parental Leave through Services Australia. For pregnancy discrimination complaints, contact VEOHRC (1300 292 153 or humanrights.vic.gov.au). For general parental leave disputes, contact the Fair Work Ombudsman.
Relevant Law: Fair Work Act 2009 (Cth), Part 2-2, Div 5; Paid Parental Leave Act 2010 (Cth); Equal Opportunity Act 2010 (Vic); Charter of Human Rights and Responsibilities Act 2006 (Vic)
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.