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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).