Understanding parental leave
Parental leave under the National Employment Standards is a workplace entitlement separate from the government's Paid Parental Leave scheme. It protects an employee's job while they take time off to care for a new child.
NES parental leave
- Up to 12 months unpaid
- Can request 12 more months
- Job protection included
- Both parents eligible
Government paid parental leave
- Up to 20 weeks paid
- At minimum wage rate
- Work test applies
- Income test applies
Eligibility requirements
To be eligible for unpaid parental leave under the NES:
NES eligibility
Length of parental leave
- Initial entitlement: Up to 12 months unpaid leave
- Extension: Can request additional 12 months (employer can refuse on reasonable grounds)
- Concurrent leave: Both parents can take up to 8 weeks together
- Flexible arrangements: Can return part-time or on different days
Refusing extension requests
Employers can only refuse a request for an additional 12 months on reasonable business grounds. They must provide written reasons within 21 days. Unreasonable refusal may be challenged through the Fair Work Commission.
Government paid parental leave
How it works
- Up to 20 weeks at minimum wage
- Paid by Services Australia
- Work test: 10 of last 13 months
- Income test applies
Employer obligations
- Pass on government payments
- Register with Services Australia
- Provide payslips
- Maintain superannuation (if applicable)
Common parental leave mistakes
Not returning employee to same role
Employees are entitled to return to their pre-parental leave position, or a comparable role if that position no longer exists.
Refusing extension without grounds
Extensions can only be refused on reasonable business grounds, and written reasons must be provided within 21 days.
Excluding casual employees
Long-term casual employees (12+ months with regular pattern) are eligible for unpaid parental leave under the NES.
Key takeaways
Parental leave is a significant NES entitlement that protects employees' jobs while they care for new children. Employers must understand both the unpaid NES entitlement and the government Paid Parental Leave scheme.
RosterElf's leave management helps you plan for extended parental leave absences and maintain roster coverage during this important time.
