Parental Leave Explained: Your Rights, Entitlements, and Career

Your Parental Leave Rights at a Glance

Here are the essential facts you need to know upfront:

• Eligibility: Generally, you need to have worked for your employer for at least 12 months continuously before the expected date of birth or adoption to be eligible for unpaid parental leave.
• Leave Amount: Eligible employees can access up to 12 months of unpaid parental leave.
• Extension Option: You also have the right to request an additional 12 months of unpaid leave, extending your time off to a total of 24 months.
• Job Security: Your job is protected. You have a right to return to the role you held before your leave. If that role no longer exists, you must be offered a suitable alternative position.

What Exactly Is Parental Leave?

Parental leave is a legal entitlement that allows new parents to take a protected period of time off work to care for their newborn or newly adopted child. The key word here is protected. This means your employer cannot terminate your employment because you are taking this leave. It’s designed to give you peace of mind and precious time to bond with your new family member.

This entitlement applies to all types of parents, including birth mothers, partners, and adoptive parents.

Are You Eligible? The 12-Month Rule

To unlock your parental leave entitlements, the main requirement is service time. You must have completed at least 12 months of continuous service with your employer immediately before the birth or adoption.

This isn't just for full-timers! This rule also applies if you are:

• A permanent part-time employee.
• A long-term casual employee who has been working on a regular and systematic basis for at least 12 months and has a reasonable expectation of continuing to do so.

If you’re in a relationship and both parents work, you can both take parental leave. However, you can generally only take a maximum of 8 weeks of your leave at the same time (this is called "concurrent leave").

How Much Time Can You Take Off?

As an eligible employee, you are entitled to 12 months of unpaid parental leave.

Think you might need more time? You have the right to request an additional 12 months of leave right after your initial period ends. Your employer can only refuse this request on reasonable business grounds, and they must provide their reasons in writing.

This framework gives you the flexibility to take up to 24 months off to focus on your family.

The Big Question: Will I Get Paid?

This is where things can get a little confusing, so let’s break it down. There are two main types of parental leave pay, and they are not mutually exclusive.

1. Government-Funded Paid Parental Leave: This is a scheme paid by the government to eligible parents to help them during their time off. The payment amount and duration are set by federal law. You need to apply for this through Services Australia.
2. Employer-Funded Parental Leave: This is a benefit offered by your company as part of its employment policy. It can range from a few weeks to several months of pay. This is not a universal legal requirement, so you’ll need to check your employment contract or company’s HR policy to see what you’re entitled to.

Many parents are able to access both the government payment and any paid leave offered by their employer.

Planning and Notifying Your Employer

Being proactive is key to a smooth transition. Legally, you need to give your employer written notice of your intention to take parental leave at least 10 weeks before you plan to start your leave.

Your notice should include:

• The intended start and end dates of your leave.
• Confirmation of these dates (usually done about 4 weeks before your leave begins).

You will also likely need to provide evidence, such as a medical certificate confirming the expected date of birth.

Returning to Work with Confidence

After months of focusing on your new baby, the thought of returning to the workplace can be daunting. The good news is that the law is on your side.

You have a return to work guarantee. This means you are entitled to return to the job you had before you went on leave. If your position has been made redundant while you were away, your employer has an obligation to offer you any other available position for which you are qualified and suited.

Making Your Return a Success

Your time away from the traditional workforce is an incredible period of growth, where you develop new skills like time management, patience, and multitasking on a whole new level. When you're ready to head back, it's a great idea to refresh your professional profile. Taking a moment to update your resume can be a powerful confidence booster, helping you re-frame your experience and bridge the career gap seamlessly. Professional tools from Resumost can make this process simple, ensuring your resume reflects your full value as you step back into your role.

Furthermore, all parents have the right to request flexible working arrangements, such as changing your hours, patterns of work, or location (e.g., working from home). Your employer must genuinely consider your request and can only refuse on reasonable business grounds.

Ultimately, being informed about your rights is the best way to ensure you can enjoy this special time with your family, knowing your career is secure and waiting for you.