Types of parental leave under the national system

Authored by Leanne Dorricott, Senior Associate, and Marissa Dooris, Lawyer, Corrs Chambers Westgarth. Updated by the LexisNexis Legal Writer team.

The term parental leave describes several leave entitlements associated with the birth or adoption of a child, including:

• unpaid parental leave under the National Employment Standards (NES);
• employer-funded parental leave;
• unpaid special maternity leave;
• paid no safe job leave; and
• unpaid pre-adoption leave.

Other laws at the state and territory level may also provide additional rights and obligations in relation to parental leave. See Guidance Note: Parental leave under state systems.

The Australian Government also provides pay entitlements relating to the birth, adoption or stillbirth of a child to workers who satisfy the eligibility criteria. See Guidance Note: Commonwealth-funded Parental Leave Pay.

Unpaid parental leave

Stillbirth, death and hospitalisation of children

The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020 (Cth) (Amendment Act) commenced on 27 November 2020. It amended the Fair Work Act 2009 (Cth) (FW Act) in relation to unpaid parental leave for parents of stillborn babies and babies who die within the first 24 months of life as follows:

• Parents of stillborn babies have the same entitlement to unpaid parental leave as parents of live babies (including by allowing these employees to start unpaid parental leave in relation to a stillborn child even if they have not previously given notice to their employer): see s 77A(1), FW Act.