Parental leave

About parental leave

Parental leave is time off work for the birth or adoption of a child. There are two different types of parental leave:

• continuous leave, and
• flexible leave.

Continuous leave is one unbroken period of leave.

Flexible leave can be taken as:

• a single continuous period of one day or more
• separate periods of one day or more.

There are different rules for when you can take continuous or flexible leave. 

Unpaid parental leave

First baby

If you have worked for at least 12 months, you can take unpaid parental leave if you or your partner gives birth or adopts a child. This includes casual employees who have been employed on a regular basis for at least 12 months. Parental leave also applies to same-sex de facto relationships and single parents.

If you are in a relationship, you and your partner can take up to 12 months unpaid parental leave. You can both apply to extend your leave for an additional 12 months. This means you can take up to 24 months (2 years) unpaid parental leave. It doesn’t matter whether you are working for the same, or different employers.

Unpaid parental leave can be taken as a single continuous period, flexibly or a combination of both. 

Having another baby

If you have worked for the same employer for at least 12 months, you can take parental leave multiple times. You don’t have wait 12 months between each period of parental leave.

However, if you start a new job after your first period of parental leave, you will need to work for your new employer for at least 12 months before you can apply for parental leave again.

Paid parental leave

You may be entitled to parental leave pay from:

• the Federal Government, or
• your employer.

If you receive parental leave pay from the federal government, you will also be paid superannuation.

Federal Government parental leave pay

The Federal Government provides parental leave pay for employees at the national minimum wage if they meet the eligibility criteria. This rate usually changes each year.

Currently, you can get parental leave pay for up to 22 weeks, or 110 days based on a five-day work week, to share by a couple or in full by a single parent. On 1 July 2025, this will increase to 120 days, or 24 weeks based on a five-day work week. You can take this:

• in a single block
• in multiple smaller blocks
• in single days
• in smaller blocks combined with smaller days.

To check your eligibility and the current rates of pay, see Parental Leave Pay on the Services Australia website. 

If you receive parental leave pay, you can share your parental leave pay days with your partner. Some of your parental leave pay days will be reserved for your partner. You can take up to 10 parental leave pay days at the same time as your partner. On 1 July 2025, this will increase to 15 days.

For more information, see Sharing your payment on the Services Australia website.

Some employees may be entitled to extra paid or unpaid parental leave. You should check your award, enterprise agreement or contract of employment to see what you are entitled to.

There are other parental leave entitlements, including consultation requirements and.

For more information, see Parental leave on the Fair Work Ombudsman website.

Superannuation

From 1 July 2025, if you receive parental leave pay you will also be entitled to be paid superannuation.

Services Australia will assess your entitlement to superannuation when you apply for parental leave pay. The Australian Taxation Office (ATO) will pay a lump sum superannuation contribution to your nominated fund in the financial year following the one in which you received parental leave pay.

For more information, see Superannuation.

Employer parental leave pay

You may be entitled to receive parental leave pay from your employer if it is permitted in your employment agreement, contract, or workplace policies.

To understand what pay you are entitled to, you should read your employment agreement, contract, or workplace policies, and speak to your employer.

Applying for parental leave

If you want to apply for parental leave, you need to give your employer at least 10 weeks’ notice. Your notice must be in writing and include the dates of your leave.

For a template letter to your employer, see Giving notice for taking unpaid parental leave – template letter on the Fair Work Ombudsman website.

If you can’t give 10 weeks’ notice, you can still take parental leave as long as you notify your employer as soon as possible.  

At least four weeks before you begin your leave, you must confirm your intended leave dates or advise of any changes.

For a list of things to consider when applying for parental leave, see Employee checklist for unpaid parental leave on the Fair Work Ombudsman website.

For more information, see Applying for parental leave on the Fair Work Ombudsman website.

Surrogate parents

If you are a surrogate pregnant with someone else’s baby, you may be entitled to up to 12 months unpaid parental leave if:

• the leave is for the birth of the baby, and
• you will have responsibility for the care of the baby.

Your spouse or de facto may be entitled to unpaid parental leave as well.

You will need to apply for parental leave as normal.

You can begin taking leave six weeks before the birth of the baby.

If you no longer have care of the baby, your employer can ask you to return to work. They must send you a written request to return to work and give you at least four weeks’ notice. If you give birth to the baby, your employer can’t ask you to return to work earlier than six weeks after you have given birth.

For more information, see Unpaid parental leave for surrogate and intended parents on the Fair Work Ombudsman website.

If you give birth to the baby, you may be entitled to parental leave pay from the Federal Government. This is to give you time to recover from the birth.

If you have a partner, you won’t be able to share any of your parental leave pay days with them.

For more information, see Who can get it on the Services Australia website.

Intended parents of a baby born via surrogacy

If someone is pregnant with your baby, you may be able to take unpaid parental leave once:

• you are the legal parents of your baby - you have obtained a court order from the Supreme Court of NSW or the Federal Circuit and Family Court of Australia, and
• you are caring for the baby – not the surrogate.

You can take leave during the 2 years after your baby is born.

For more information, see Unpaid parental leave for surrogate and intended parents on the Fair Work Ombudsman website.

If someone is pregnant with your baby, you may be eligible for parental leave pay once you are caring for your baby. You can make a claim even if the surrogate has also made a claim.

You may be able to share your parental leave pay days with your partner.

For more information, see Who can get it on the Services Australia website.

Taking other types of leave

You can take other types of leave during unpaid parental leave, including:

• annual leave
• long service leave
• compassionate leave, if your baby is stillborn.

You can’t take:

• paid sick or carer’s leave
•  community service leave, or
• compassionate leave.

For more information, see Leave.

Accruing other types of leave

You usually don’t accrue other types of leave during your unpaid parental leave, except during:

• a keeping in touch day – when you do work to help with your return to work
• paid leave, such as annual leave.

For more information, see Accruing and taking other leave during parental leave on the Fair Work Ombudsman website.

Extending parental leave

If you have taken unpaid parental leave, you can ask to extend your leave by giving your employer at least four weeks’ written notice.

If you have taken less than 12 months leave, you can apply to extend your parental leave to a total of 12 months.

If you have taken 12 months of leave, you can apply to extend your leave by up to 12 months.

For a template letter requesting to extend your unpaid parental leave, see Request to extend unpaid parental leave beyond initial 12 months – template letter on the Fair Work Ombudsman website.

For more information, see Extending parental leave on the Fair Work Ombudsman website.

Cancelling parental leave

Asking to end leave early

If you want to cancel part or all of your unpaid parental leave, you need to reach an agreement with your employer about a new return to work date. You should put your request in writing. If you already have a verbal agreement with your employer, you should confirm your agreement in writing.

If your employer doesn’t agree to you cancelling your leave, you will have to return to work on the previously agreed date.

If your child is stillborn or dies within the first 24 months after they are born, you can cancel your parental leave. If you haven’t started taking your leave, you just need to give your employer written notice. If you are already on leave, you need to give your employer at least four weeks written notice before you return to work.

For more information, see Stillbirth, premature birth or death of a child on the Fair Work Ombudsman website.

Employer asks you to return to work early

If you are on unpaid parental leave, your employer can ask you to return to work if you no longer have responsibility for the care of the baby. For example, if you were a surrogate for another couple.

Your employer must give you written notice of the date that they want to you to return to work. This date must be:

• four weeks after you are given notice, and
• six weeks after the birth of the baby, if you were pregnant.

Your employer can’t ask you to return to work early if your child is stillborn or dies within the first 2 years after they are born, unless you want to.

For more information, see Ending parental leave early on the Fair Work Ombudsman website.

Returning to work after parental leave

Unless you had a fixed contract, you are entitled to return to the job you had before you went on parental leave, even if someone else is now doing your job.

If you were transferred to another ‘safe’ job or reduced your hours before you took leave, you are entitled to return to the job were doing before your transfer or reduced hours.

If your employer wants to make significant changes to your job while you are on parental leave, they must consult with you about the changes.

If your job no longer exists, your role has been made redundant. You must be offered a suitable job that you are qualified to do and is nearest to your old pay and status.

For more information, see Returning to work from parental leave on the Fair Work Ombudsman website.

Last updated: December 2025