Parental Leave Pay's effect on existing leave entitlements
The Paid Parental Leave scheme is designed to complement existing workplace entitlements. It provides payments but does not provide a new entitlement to leave. The scheme does not change any of your employee’s existing leave entitlements. Your employee’s Parental Leave Pay or Dad and Partner Pay is in addition to their employer-provided leave entitlements.
The existing minimum entitlement to 12 months unpaid parental leave for long-term employees, in the National Employment Standards under the Fair Work Act 2009, is unchanged. Your long-term employees can also request an additional 12 months unpaid leave on top of this. A long-term employee is someone who has worked for your business for 12 months or more.
If your employee is part of a couple and both people are entitled to unpaid parental leave under the National Employment Standards, there are some other minimum entitlements you should be aware of. For example, they are able to take up to three weeks of unpaid leave at the same time either immediately after the birth or adoption or, if you agree, at any time in the first six weeks after their child’s birth or adoption. Also, they’re entitled to 24 months unpaid parental leave between the two of them.
Parental Leave Pay or Dad and Partner Pay will not result in the accrual of any additional leave entitlements for your employee.
If you currently provide paid maternity or parental leave through an industrial agreement or law, you can’t withdraw the entitlement to that leave during the life of the agreement or law.
For more information about employment entitlements, workplace obligations or the Fair Work Act 2009, visit the Fair Work Ombudsman’s website or call them on 131 394.