Workflow guidance with timeline for key dates and requirements for unpaid parental leave

Authored by the LexisNexis Legal Writer team.

This guidance note is about the taking of unpaid parental leave and other related entitlements under the National Employment Standards: Pt 2-2, Div 5 of the Fair Work Act 2009 (Cth) (FW Act).

Various provisions of the FW Act were amended by:

• The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Act 2020 (Cth) effective as from 27 November 2020: s 2.
• The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) effective as from 6 June 2023: s 2.
• The Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) effective as from 1 July 2023: Sch 2.

The provisions referred to in this guidance note are to those of the FW Act consolidated as in force on 1 July 2023.

The tables below are a guide to a:

• Timeline for managing key dates and events relevant to unpaid parental leave.
• Key requirements for unpaid parental leave and related entitlements.

The tables assume an employee has met the eligibility requirements for the relevant leave entitlement. See Who is eligible? in Guidance Note: Applying for parental leave under the national system.

If there is a transfer of employment situation, employees who have taken steps to initiate or who are on unpaid parental leave are entitled to take unpaid parental leave or continue on unpaid parental leave for that period: s 69, FW Act.