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This fact sheet provides information for spouse/partners or fathers who are employees, intending to share the responsibility of looking after the child and whose partner is giving birth or adopting a child (under 6 years) about rights to parental leave under the Parental Leave and Employment Protection Act 1987.
What types of unpaid parental leave are available?
The Parental Leave and Employment Protection Act 1987 provides four types of unpaid parental leaves. These leaves are: special leave, maternity leave, partner's/paternity leave, and extended leave. Eligible spouses/partners or fathers are entitled to:
Partner's/paternity leave
Partner’s/paternity leave provides up to two weeks for the spouse/partner or father on the birth or intended adoption of a child, dependant on whether they meet the hours test for the previous six or 12 months of service. Where you meet:
- The six month eligibility criteria – you will be entitled to up to one week partners/paternity leave on the birth or intended adoption of a child.
- The 12 month eligibility criteria – you will be entitled to up to 2 weeks partners/paternity leave on the birth or intended adoption of a child.
Partner’s/paternity leave of one week may be extended in certain circumstances, if parental leave payments are transferred from a mother to an eligible partner.
Extended leave
This is only available for employees with 12 months’ eligible service for up to 52 weeks, less any maternity leave taken. Extended leave may be shared by both parents, where both have 12 months’ eligible service, but the total leave taken must not be more than 52 weeks. The one or two weeks partner’s paternity leave entitlement is in addition to this 52 week period. Both partners can take their leave at the same time or they can take it one after the other. Each partner must take any period of extended leave in one continuous period.
All parental leave must be taken in the first year after the birth or intended adoption.
What paid leave is available?
There is no paid leave available specifically for spouses/ partners or fathers.
In the case of a birth, the primary eligibility for paid parental leave lies with the mother. If her partner is also eligible then she may transfer part or all of her entitlement to her partner.
In the case of an adoption, the adoptive parents can choose who has primary eligibility for paid parental leave. That parent may then transfer part or all of the entitlement to the other parent if they are also eligible.
Eligible self-employed persons are entitled to a taxpayer funded payment for up to 14 weeks. The payment can be taken by one parent, or shared between two eligible partners.
How much is the payment?
The payment for parental leave replaces income up to a maximum amount. Currently, this is $429.74 per week before tax for jobs that the parent takes qualifying parental leave from. If you have more than one job, you are entitled to up to the maximum rate in total, not on a job-by-job basis. The payment is taxed.
Parental leave payments in your employment agreement are not affected by the taxpayer-funded entitlement. However, where your agreement has more generous entitlement criteria (e.g. time off after three months employment) that does not lead automatically to a right to payment under the legislation.
When can I take leave?
Partner's/paternity leave can be taken in the period between 21 days before the expected date of birth and 21 days after the actual date of birth or adoption.
Employees and employers may agree that partner’s paternity leave start at any other time.
Extended leave can start any time after the end of any maternity or partner’s paternity leave. Each kind of leave must be taken in one continuous period. Employees and employers may agree that extended
Leave start at any other time.
Paid parental leave Where paid parental leave entitlement is transferred to an eligible partner, the leave will start at the date stated on the application form.
Second or subsequent children
Parental leave can be taken for subsequent children provided the eligibility criteria are met. However, you cannot be eligible for another period of parental leave unless the expected date of delivery or adoption is at least six months after you’ve returned to work from a previous period of parental leave.
This page was last updated on:
29-Jun-2009
and is current.
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