Understanding paternity leave
In Australia, "paternity leave" is part of the broader parental leave entitlement under the National Employment Standards. It applies to fathers, same-sex partners, and any partner of the birth mother.
Unpaid parental leave
- Up to 12 months unpaid
- Can request 12 more months
- 12 months service required
- Job protection included
Concurrent leave
- Up to 8 weeks together
- Both parents on leave
- Within first 12 months
- One continuous period
Paternity leave entitlements
Partners have the same parental leave rights as birth mothers under the NES:
Partner entitlements
Concurrent leave
Both parents can take leave at the same time for up to 8 weeks:
- Duration: Up to 8 weeks together
- Timing: Within 12 months of birth/adoption
- Format: Must be one continuous period
- Notice: 10 weeks written notice required
Taking turns
Outside of the 8-week concurrent period, only one parent can be on unpaid parental leave at a time. However, parents can "tag team" - when one parent returns to work, the other can start their leave.
Sharing paid parental leave
Government scheme
- Up to 20 weeks total
- Can be shared between parents
- National minimum wage rate
- Work and income tests apply
How sharing works
- Parents decide split
- Can be consecutive or concurrent
- Must claim within 12 months
- Both must meet eligibility
Common paternity leave mistakes
Treating paternity leave differently
Fathers/partners have the same parental leave rights as birth mothers. Treating them differently may be discrimination.
Not understanding concurrent leave
Both parents can take 8 weeks together - this is separate from the main parental leave entitlement.
Refusing legitimate requests
Partners cannot be refused parental leave if they meet eligibility requirements. This applies regardless of what the birth mother takes.
Key takeaways
Paternity leave gives fathers and partners the opportunity to bond with their new child and support their family. Australian law provides equal parental leave rights regardless of gender or family structure.
RosterElf's leave management helps you track all types of parental leave, plan for absences, and manage the return-to-work process.
