Applying for parental leave under the national system

Authored by the LexisNexis Legal Writer team.

Under the National Employment Standards (NES) in Pt 2-2 of the Fair Work Act 2009 (Cth) (FW Act), an employee is entitled to 12 months of unpaid leave associated with the birth or adoption of a child (s 70 of the FW Act). An employee may request a further 12-month period of unpaid parental leave immediately following the end of the available parental leave period: s 76(1) of the FW Act.

As from 6 June 2023, the FW Act was amended by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Secure Jobs, Better Pay Act) including to provide that the Fair Work Commission (FWC) be able to deal with a dispute relating to a request for an extension of unpaid parental leave. The FWC can deal with the dispute by conciliation, mediation or arbitration: see s 2, table item 32B and Sch 1, Pt 25B, Div 1 item 659L of the Secure Jobs, Better Pay Act, and ss 76B–76C of the FW Act.

References in this guidance note to the FW Act are to the FW Act consolidated as in force on 1 July 2023.

The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020 (Cth) (Improving Unpaid Parental Leave Amendment Act) commenced on 27 November 2020: