Paid Parental Leave is one of the most important workplace rights available to new parents. It allows families to take time away from work to care for a newborn or newly adopted child without losing their financial stability or job security. These rights exist because working people and the union movement pushed hard to win them, and the SDA continues to protect and improve them.
What is parental leave?
There are two main types of parental leave in Australia. The first is unpaid parental leave, which gives eligible employees the right to time away from work after the birth or adoption of a child.
The second is Paid Parental Leave, a government payment for eligible carers that provides financial support during that time away from work. These two rights work together to help families balance income and care responsibilities.
Unpaid parental leave comes from the National Employment Standards and is a minimum entitlement for eligible workers. Paid Parental Leave is separate and is a government payment, not a payment from your employer, although in most cases your employer processes it through payroll.
Government Paid Parental Leave entitlements
The government’s Paid Parental Leave scheme provides financial support to new parents. Entitlements depend on when your child is born or adopted.
If your child is born or adopted on or after 1 July 2025, you may be eligible for up to 24 weeks of Paid Parental Leave to share between parents.
If your child is born or adopted between 1 July 2024 and 30 June 2025, you may be eligible for up to 22 weeks.
Who can get Paid Parental Leave
You must be caring for the child and meet basic criteria. You must be:
- the birth mother
- the partner of the birth mother
- the biological father
- the partner of the biological father
- an adoptive parent or partner of an adoptive parent
- a parent through surrogacy or the partner of that parent
- a person caring for a child in exceptional circumstances.
You must also meet income, working and residency tests. If you are unsure about eligibility, the SDA can check it with you.
If you experience a stillbirth, Paid Parental Leave may still apply. There is also a Stillborn Baby Payment. In these situations the SDA can support you with confidential advice.
Your right to return to work
Parental leave comes with job protection. You have the right to return to the job you had before starting leave. If your job no longer exists, your employer must offer you a suitable job that is as close as possible in pay, hours and status. Your employer cannot give away your position permanently while you are on leave.
You also have the right to request flexible work arrangements such as part time hours when you return. Employers must genuinely consider these requests and can only refuse them on reasonable business grounds. If you face pressure or pushback when planning your return to work, the SDA will support you.
Superannuation changes
For children born or adopted from 1 July 2025, Paid Parental Leave will include 12% superannuation contributions. This is an important step in closing the superannuation gap experienced by women and carers who take time out of the workforce.
How to apply
The process begins with a conversation with your employer. You must notify them at least 10 weeks before your parental leave begins. When you tell your employer you are pregnant or becoming a carer, request a formal meeting and keep a record of what is discussed. If you need adjustments to your work during pregnancy, such as a safe job or modified duties, this must also be documented.
You will need:
- a myGov account linked to Centrelink
- identity documents
- a birth certificate or proof of birth when available
- income and employment details.
After speaking to your employer, you can lodge your claim online with Services Australia. It is always best to apply as early as possible to avoid delays in payment.
What the SDA can do for you
The SDA can help you:
- understand your entitlements under the government scheme and your enterprise agreement
- prepare for parental leave conversations with your employer
- ensure you are not pressured to resign or reduce your hours unfairly
- sort out issues with rostering while pregnant
- address discrimination related to pregnancy or parental status
- make sure you return to work on fair terms
- get help if your employer delays or blocks your leave.
If your employer does not follow the law, ignores your request, or treats you unfairly, contact the SDA for advice and support.
Parental leave is a right. It exists because workers campaigned for it and unions like the SDA continue to protect it. If you have questions about paid or unpaid parental leave, eligibility, flexible work or returning to work, speak to the SDA. We are here to support you through every step of the process.