Parental leave by country / Australia
Maternity, paternity and parental leave in Australia
How long each parent can be away, who pays and how much, the notice rules and the job protection — in plain English, whether you run a team in Australia or work on one.
Australian employees with 12 months' service can take up to 12 months of unpaid parental leave for a birth or adoption, and request a further 12, with the right to return to their job. Pay comes from the government, not the employer: Parental Leave Pay at the national minimum wage for 26 weeks (130 days) for children born or adopted from 1 July 2026, of which 20 days are reserved for the other partner, with a 12% superannuation contribution. Employers may add their own paid scheme on top.
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How it works
The National Employment Standards give each employee with at least 12 months of continuous service (casuals if regular and systematic) up to 12 months of unpaid parental leave, which can be taken by both parents concurrently, plus a right to request a further 12 months that the employer can refuse only on reasonable business grounds. Up to 100 days can be taken flexibly in the first two years. The government's Paid Parental Leave scheme, administered by Services Australia, has expanded by two weeks a year: 22 weeks from July 2024, 24 from July 2025 and 26 weeks — 130 days — for children born or adopted from 1 July 2026, paid at the national minimum wage to eligible parents who meet the work and income tests. Twenty days are reserved for the partner where there is one, some days can be taken together, and from July 2025 the ATO pays superannuation on the payment. Employers typically pass on government pay through payroll or the parent is paid directly.
Worth knowing: The 26-week figure applies to children born or adopted from 1 July 2026; the entitlement for earlier births is 24 weeks. Superannuation on Parental Leave Pay applies for births from 1 July 2025.
If you run a team in Australia
Grant the unpaid leave to eligible employees on ten weeks' notice, keep the position (or an equivalent one) open, and respond in writing to extension requests within 21 days. Register with Services Australia if you are asked to pass on Parental Leave Pay through payroll. Annual leave does not accrue during unpaid parental leave but continuity of service is preserved. Any employer-paid parental leave is in addition and set by policy or agreement.
If you work in Australia
Give your employer at least ten weeks' notice of the leave and confirm the dates four weeks before. Claim Parental Leave Pay from Services Australia up to three months before the birth; the days can be split with your partner and some can be taken at the same time. Ask your employer about any paid scheme of their own.
Parental leave and annual leave
Annual leave and personal leave do not accrue during unpaid parental leave, but service is continuous. Employees may take paid annual leave during the parental leave period by agreement.
The annual leave entitlement itself is covered on our Australia annual leave page — 20 working days minimum.
Keeping the record straight
Long leaves are where leave records go wrong quietly: holiday that kept accruing for months and was never credited, a return date nobody diarised, a reduced entitlement applied where the law forbids it. In Australia the rules above decide what is owed on return, and the record has to show it. A tracker like Leavo keeps the leave, the accrual and the approvals in one place so the return is a date, not a dispute. We compare the options in our leave management software guide, and the policy side — carryover, payout, accrual — in our guides.
Parental leave in Australia: common questions
Does my employer have to pay me during parental leave?
No. The National Employment Standards provide unpaid leave; pay comes from the government's Parental Leave Pay scheme at the national minimum wage. Many employers offer paid parental leave on top, by policy or enterprise agreement.
Can both parents take leave at the same time?
Yes. Both can be on unpaid parental leave concurrently, and some Parental Leave Pay days can be taken at the same time, with 20 days reserved for the partner.
How is the 26 weeks counted?
As 130 payable days, based on a five-day week, for children born or adopted from 1 July 2026. Days can be taken in blocks or individually within two years of the birth.
Does annual leave accrue during maternity or parental leave in Australia?
Annual leave and personal leave do not accrue during unpaid parental leave, but service is continuous. Employees may take paid annual leave during the parental leave period by agreement.
Source
Primary source: Fair Work Act 2009, ss.67–85 (unpaid parental leave); Paid Parental Leave Act 2010. Benefit rates and ceilings change every year and collective agreements frequently improve on the statutory scheme — confirm against the current text before acting. See our methodology.