Parental Leave Pay's effect on existing leave entitlements

The scheme is designed to complement existing workplace entitlements. It provides payments but doesn't provide a new entitlement to leave.

The scheme doesn't 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 unpaid parental leave for long term employees, as set out in the National Employment Standards under the Fair Work Act 2009, is unchanged.

Parental Leave Pay or Dad and Partner Pay won't 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.

Read more about employment entitlements, workplace obligations or the Fair Work Act 2009, on the Fair Work Ombudsman website.

Your employee can take Parental Leave Pay before, after or at the same time as any type of paid or unpaid leave, but it must be taken in a continuous block and after the child has entered their care. For example, in the 18 week period from the date of birth, they could take 6 weeks of paid maternity leave, then 4 weeks of annual leave and then 8 weeks of unpaid parental leave, all while receiving Parental Leave Pay.

Get the Employer Toolkit

The Employer Toolkit is your complete guide to the Paid Parental Leave scheme and what you need to do.

Page last updated: 24 May 2016

This information was printed Saturday 3 December 2016 from humanservices.gov.au/business/enablers/parental-leave-pays-effect-existing-leave-entitlements 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.