By the Carroll & O'Dea Employment and Industrial Relations Group
TABLE OF CONTENTS
Overview – Part 1Who is entitled to parental leave?Part 2
How much parental leave can be taken? Part 2
What is the process for claiming parental leave? Part 3
How can an employee take up to two years leave? Part 3
What about Dad? Part 4
Are employees entitled to paid parental leave? Part 4
Are there special requirements when hiring replacement staff? Part 5
What happens when an employee returns to work? Part 5
What if there is a dispute? Part 6
Where can I get more information? Part 6
WHAT IS THE PROCESS FOR CLAIMING PARENTAL LEAVE ?
To be eligible for parental leave, an employee must give their employer the following:
- A written notice stating the intended start and end dates of the period of leave. This must be given at least 10 weeks before the first day of intended leave.
- A written notice confirming or advising changes to the period of leave. This notice must be provided at least 4 weeks prior to the intended start date unless it is not practicable for the employee to do so.
The employer may also require the employee to provide evidence that would satisfy a reasonable person of the date, or expected date, of birth or placement of the child. Such evidence may include a medical certificate or a statutory declaration.
How Can An Employee Take Up To Two Years Leave?
An employee who takes their total entitlement to unpaid parental leave (i.e. 12 months) may request to extend their unpaid parental leave period by a further period of up to 12 months (i.e. so that their parental leave may be up to 2 years). Such a request must be made in writing and provided to their employer at least 4 weeks before the end of their first period of parental leave (i.e. the first 12 month period).
Upon receiving an employee's written request, an employer must provide the employee with a written response as soon as possible, and not later than 21 days after the request. The employer may only refuse a request for an extension on "reasonable business grounds", and a refusal of the request must state the reasons for the refusal.
An employee can take any other kind of paid leave (except personal / carer's leave) at the same time that they are taking unpaid parental leave.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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