Male employees now have largely the same parental leave
entitlements as female employees where they have responsibility for
the care of a child.
Parental leave taken by a male employee must not overlap with
his partner's parental leave or other authorised leave taken
because of the birth or placement of a child. However, where each
partner is an employee (i.e. an "employee couple") both
may take a period of up to 3 weeks concurrently, but this is only
permissible in the 3 week period starting from the date of birth or
placement of a child (unless otherwise agreed by the employer and
Are Employees Entitled To Paid Parental Leave?
Australia's first national paid parental leave scheme, to be
funded by the Federal Government, will commence on 1 January 2011.
Paid parental leave will be available, subject to eligibility
requirements, in the first year after the birth or adoption of a
Paid parental leave will be provided:
to the primary carer of a child for a period of up to 18
at the national minimum wage in instalments; this is likely to
be approximately $570.00 per week initially, but will change from
time to time.
Whilst the Federal Government will fund this scheme, the
payments will generally be made by the employer (using funds
provided by the Government) or, if a person is not employed, by the
Family Assistance Office.
To assist employers with the transition to this scheme, the
involvement of employers will be phased in over 6 months, which
means that employers will not be required to make payments until 1
July 2011. However, employers can choose to take on this
responsibility early, with their employee's agreement.
Paid parental leave will be provided concurrently with existing
parental leave entitlements discussed above. Employees who are
entitled to receive paid parental leave from their employers (i.e.
employer funded parental leave) may also be entitled to the Federal
Government funded paid 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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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.
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