My Employment Rights

Parental Leave

Qualifying Employees
Employees must have 12 months' continuous service in order to qualify to take parental leave.
The employee must be the parent or guardian of a child and must take leave for the purposes of caring for that child.

Right to Leave
Parents may take 13 weeks unpaid parental leave per child (18 weeks if the child is registered as disabled). This limit applies even if the parent changes employer and new employers may ask for proof of the amount of parental leave taken with a previous employer.
The leave must be taken before the child's fifth birthday (or 18th birthday of the child is registered disabled)
Whilst on leave, the employee remains employed. However, there are limited terms and conditions that apply, relating to the duties of confidence and good faith, notice obligations and redundancy entitlements.
At the end of leave, the parent is entitled to return to the same job that they had before they commenced leave or, if that is not practicable, an suitable alternative role. However, if the block of leave taken at any one time is 4 weeks or less, the parent may return to the same job.

Statutory Scheme
The statute provides the following terms and conditions will apply, unless the employer has an alternative policy that improves on the basic rights:
• Leave can only be taken in full weekly blocks (unless parent of a disabled child)
• A maximum of 4 weeks can be taken in any one year
• The employee must give 21 days' notice
• The employer can postpone the leave by up to 6 months, if it cannot accommodate the proposed period of leave (unless it is being taken immediately after the birth/placement for adoption)