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Parental leave

Parental leave is an employee's right under the National Employment Standards to take up to 12 months of unpaid leave for the birth or adoption of a child, with the right to request up to a further 12 months. It is available to birth parents, partners and adoptive parents.

Parental leave is a provision that lets employees take time off to focus on their new child, whether through birth or adoption. It's unpaid but guarantees the right to return to their job after up to 12 months. This type of leave is essential for bonding with the new child and adjusting to new family responsibilities. It includes various forms, like maternity leave for new mothers, paternity leave for new fathers, and adoption leave for parents adopting a child.

Parental leave entitlements employers need to know

Employees are eligible after 12 months of continuous service, or 12 months as a regular casual with a reasonable expectation of continuing work. Each parent can take up to 12 months of unpaid parental leave, including up to 100 days of flexible unpaid parental leave, and can request a further 12 months, which you can refuse only on reasonable business grounds after discussing it with them. Separately, eligible parents can get up to 26 weeks of Government-funded Parental Leave Pay for a child born or adopted on or after 1 July 2026. Dad and Partner Pay no longer exists as a separate payment.

Read our guide to unpaid parental leave.

General information only

This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.

Last reviewed: October 2026

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