Employee eligibility for Parental Leave Pay

It is an employee’s responsibility to submit their claim for Parental Leave Pay. We will then assess their eligibility.

Full-time, part-time, casual, seasonal, contract, and self-employed workers may all be eligible.

To be eligible for Parental Leave Pay, an employee must:

  • be the primary carer (usually the mother) of a newborn or recently adopted child
  • meet Australian residence requirements from the date the child enters their care until the end of their Paid Parental Leave period
  • have met the Paid Parental Leave work test before the birth or adoption occurs
  • have received an individual adjusted taxable income of $150 000 or less in the financial year before the date of birth or adoption or the date of claim, whichever is earlier
  • be on leave or not working, from when they become the child’s primary carer until the end of their Paid Parental Leave period, and
  • make a claim within 52 weeks of the child’s birth or adoption. To receive the full 18 weeks of Parental Leave Pay, claims must be lodged at least 18 weeks before the child’s first birthday or anniversary of adoption or surrogacy

To meet the Paid Parental Leave work test, your employee must have:

  • worked at least 10 of the 13 months before the birth or adoption of their child, and
  • worked for at least 330 hours in that 10 month period (just over 1 day a week), with no more than an 8 week gap between any 2 consecutive working days

Employees can count periods of paid leave towards the work test but periods of unpaid leave do not count.

If your employee is claiming for a child who will be born or adopted on or after 1 March 2014, your employee can count any Paid Parental Leave or Dad and Partner Pay periods they have previously taken in the 13 months before the birth or adoption.

In the case of stillbirth or infant death, the scheme will allow eligible employees to continue to receive their Parental Leave Pay. If they choose to return to work before the end of their Paid Parental Leave period, they will not lose their entitlement to Parental Leave Pay.

Page last updated: 25 January 2016

This information was printed Friday 30 September 2016 from humanservices.gov.au/business/enablers/employee-eligibility-parental-leave-pay It may not include all of the relevant information on this topic. Please consider any relevant site notices at humanservices.gov.au/siteinformation when using this material.