By the Carroll & O'Dea Employment and Industrial Relations Group

TABLE OF CONTENTS

Overview – Part 1
Who 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 about dad?

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 employee).

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 child.

Paid parental leave will be provided:

  • to the primary carer of a child for a period of up to 18 weeks;
  • 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.