Parental leave rights in Australia
Rights for employees in Australia who are expecting a new child
If you’re pregnant or thinking about starting a family, understanding your parental leave rights can help you feel more confident and informed as you plan your next chapter.
In Australia, there are clear rules about what leave you’re entitled to when you have a baby or adopt a child. But not all employers offer the same support, so it’s worth knowing your rights and comparing what’s available.
Here’s a simple guide to what you need to know.
Your legal right to unpaid parental leave
Under Australian law, all eligible employees can take up to 12 months unpaid parental leave, with the option to request an extension of another 12 months for a total of 24. This leave is part of the National Employment Standards and applies whether you give birth, your partner gives birth, or you’re adopting a child under 16.
Who can take it?
You’re eligible if you’ve worked with your employer continuously for at least 12 months before the expected birth or adoption. Casuals may also qualify if they’ve been working regularly and had a reasonable expectation of continuing.
When and how can you take it?
- Leave can start up to six weeks before your due date or earlier if your employer agrees
- You can take it as one continuous period, in flexible blocks, or a mix of both
- Both parents can take leave at the same time if needed
Can you extend it?
Yes. If you initially take 12 months, you can ask for another 12. Your employer must respond within 21 days and can only refuse the extension if there are valid business reasons.
Flexible unpaid leave: More ways to take time off
You can use part of your unpaid leave more flexibly, choosing how and when you take it over a two-year period.
If your child is born or adopted between 1 July 2024 and 30 June 2025, you can use up to 110 days of flexible unpaid leave.
This can be taken in blocks of one day or more, either all at once or spread out.
Paid parental leave: What the government provides
Australia’s Paid Parental Leave scheme offers eligible parents 20 weeks of pay at the national minimum wage. This is for the birth mother or the primary carer of an adopted child.
To qualify, you must meet work, income and residency rules. You can apply through Services Australia.
Tip: Many employers offer additional paid parental leave.
Compare parental leave policies from over 100 employers
How employer-paid parental leave works with the government scheme
Many employers offer their own paid parental leave on top of what you may receive from the government. This is not mandatory, so what you get can vary a lot depending on where you work.
You can usually access both
If you’re eligible, you can receive government-funded Parental Leave Pay and also access your employer’s paid parental leave. These payments are separate, and in most cases, you don’t have to choose one or the other.
How they work together depends on your employer’s policy:
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Some employers pay their leave at the same time as the government payments, so you receive both at once
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Others offer theirs after the government payments finish
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A few employers may top up the government payment to match your full salary
Make sure to check your employer’s policy and speak to your HR or payroll team to confirm how it’s structured.
Employer-paid leave often comes with conditions
Each company sets its own rules for eligibility. For example, some may require:
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A minimum period of service, often 12 months
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A return-to-work commitment (such as staying for a set period after your leave ends)
You should be able to access this information through your internal policies, HR team or your contract.
Tip: Want to see what leading employers offer?
Compare paid parental leave policies from employers across Australia
Already have a child? Here’s what to expect next time
If you’re growing your family, you can access unpaid and government-funded leave again, provided you meet the eligibility criteria with your current employer.
Your time with your employer starts counting again when you return from your last period of leave.
What about adoption?
Adoptive parents have the same rights to unpaid parental leave if the child is under 16. You can also take up to two days of unpaid pre-adoption leave for interviews and assessments.
Paid parental leave is also available if you meet the same criteria as birth parents.
If your job is not safe during pregnancy
Some jobs involve risks during pregnancy, such as heavy lifting or exposure to chemicals. If this applies to you, you may be entitled to:
- A transfer to a safe job with no loss of pay or conditions
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No safe job leave if there is no suitable alternative role
A medical certificate may be required, and these protections are built into your rights as an employee.
Returning to work: What you can expect
When your leave ends, you have the right to return to:
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Your original job
- A similar role with the same pay and status if your old job no longer exists
You are also entitled to stay in the loop during your leave. Your employer should consult you if there are major changes affecting your role.
Keeping in touch days
You can work up to 10 days during unpaid parental leave without affecting your entitlements. If you take more than 12 months of leave, you can use up to 20 days.
These days can help you reconnect with your team, attend training or ease back into work.
If the unexpected happens: Stillbirth, loss or premature birth
If your baby is born prematurely or passes away within the first 24 months, you are still entitled to unpaid parental leave. You can also take compassionate leave and, in some cases, pause your leave to return to work temporarily.
These rights apply even if you had not yet applied for leave before the event.
Looking for a family-friendly employer?
Not all workplaces offer the same level of support. If you’re planning a family or expecting a baby, it helps to know which employers go above the legal minimum.
Some provide generous paid leave, super contributions while on leave, flexible work arrangements and better return-to-work support.
Compare parental leave policies from employers across Australia
Final thoughts
Starting a family is a major life moment. By knowing your parental leave rights and understanding what different employers offer, you can make choices that support both your career and your growing family.
You can use this site to explore endorsed employers, compare parental leave policies and find practical resources to help you navigate this stage with confidence.
Supporting shared care matters
When both parents are supported to share caring responsibilities equally, everyone benefits. This is especially true for women building their careers.
That’s why we shine a light on employers with inclusive policies that support all types of families. From gender neutral parental leave to thoughtful return to work programs, these actions help break down outdated stereotypes and create truly supportive workplaces.
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