Parental leave under state systems

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

• unpaid parental leave under Pt 2-2, Div 5 of the Fair Work Act 2009 (Cth);
• Commonwealth-funded parental leave pay; and/or
• employer-funded parental leave.

Authored by the LexisNexis Legal Writer team.

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

• unpaid parental leave under Pt 2-2, Div 5 of the Fair Work Act 2009 (Cth);
• Commonwealth-funded parental leave pay; and/or
• employer-funded parental leave.

Laws at the state level also provide rights and obligations in relation to parental leave.

When does parental leave apply?

New South Wales

Part 4 of the Industrial Relations Act 1996 (NSW) provides for unpaid parental or adoption leave.

Under cl 75 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, paid maternity, adoption and “other parent” leave are available to NSW public sector employees in Government Departments. Generally, an employee taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to 14 weeks. An employee entitled to “other parent” leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week: cl 75.5.

Other NSW employees operating under the state system may have parental leave entitlements that arise under an applicable state award or other applicable industrial instrument. Employees can find the award that covers their employment by checking the NSW Industrial Relations website.