Special parental leave

This type of leave is specifically for pregnant employees who are unable to work due to health complications related to their pregnancy or if they experience a pregnancy loss in the later stages, but the baby is not stillborn. It's a compassionate consideration to support the employee during these challenging circumstances.

How unpaid special parental leave works

Under section 80 of the Fair Work Act, the employee needs the same 12 months of service as for unpaid parental leave, must give notice as soon as practicable and, if asked, provide evidence such as a medical certificate. The leave can be taken for as long as the employee is not fit for work for those reasons, and they can choose to use paid personal/carer's leave instead. If a baby is stillborn, the employee may be entitled to unpaid parental leave instead. For example, an employee hospitalised with a pregnancy-related illness can take unpaid special parental leave until they are fit to return.

Read our guide to unpaid parental leave.