Parental leave

On 1 January 2010, private sector NSW employers and employees previously covered by the NSW state award system (mainly sole traders and partnerships) moved into the national workplace relations system. All existing awards (both federal and state) have been streamlined into around 120 modern awards. These awards set out an employee’s terms and conditions of employment. The National Employment Standards (NES) also now apply.

Transitional arrangements are also in place for employers and employees previously operating under the state industrial relations system. If you were covered by a NSW state award on 31 December 2009, that award has been preserved as a state reference award for a period of 12 months to 31 December 2010. You can continue to refer to this award on the NSW Industrial Relations  (NSW IR) website.

Important note – If a state reference award is applicable to you, certain provisions for parental leave, carer’s leave and flexible working arrangements may be more beneficial than the provisions of the NES. Until the 31 December 2010 the more beneficial provisions will apply to you. For more information contact the Fair Work Infoline on 13 13 94.

What is parental leave?

From 1 January 2010, the National Employment Standards (NES) set out entitlements to parental leave and the right to request flexible working arrangements. Workers are entitled to take a minimum amount of unpaid time off work on the birth or adoption of a child.

Parental leave can be:

• Maternity leave, in connection with a pregnancy or the birth of a child.
  
• Paternity or partner leave, for a worker whose spouse is having a child.
  
• Adoption leave, for parents who have adopted a child under 16 years of age.

An employee is entitled to 12 months of unpaid parental leave if:

(a) the leave is associated with:

(i) the birth of a child of the employee or the employee’s spouse or de facto partner; or
(ii) the placement of a child with the employee for adoption; and

(b) the employee has or will have a responsibility for the care of the child.

Am I eligible for parental leave?

All workers may be entitled to parental leave after completing at least 12 months continuous service with an employer.
If you are a casual worker, and have worked on a regular and systematic basis for a sequence of periods over at least 12 months with a reasonable expectation of ongoing employment, you will be entitled to parental leave.

How much parental leave am I entitled to?

The maximum amount of unpaid parental leave - maternity, paternity or partner, or adoption leave - an employee is entitled to is 52 weeks. Different rules for taking leave apply depending on whether one employee takes leave or if both members of an employee couple take leave.

Each eligible member of an employee couple may take a separate period of up to 12 months of unpaid parental leave. However, if only one person is taking leave, or if one member of an employee couple wishes to take more than 12 months leave, the employee may request a further period of up to 12 months, from their employer.

If both members of an employee couple wish to take leave around the time of birth or placement of a child, the concurrent leave must be for 3 weeks or less, starting from the date of birth or the day of placement of the child. The concurrent leave is unpaid parental leave and so comes out of the second employee’s entitlement to 12 months of unpaid parental leave.

All unpaid parental leave must not extend beyond 24 months after the date of birth or day of placement of the child.
For more information, contact the Fair Work Infoline on 13 13 94.