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Paid Parental Leave scheme doesn’t change any of your employee’s existing leave entitlements or give them a new entitlement to leave.
To get Parental Leave Pay or Dad and Partner Pay, your employee must meet the work test. There are some exceptions to the work test if they stopped work due to certain circumstances. Your employee may request evidence from you to confirm:
- they would have continued working had it not been for their circumstances
- the period they were unable to work.
Parental Leave Pay
It’s up to your employee to apply for Parental Leave Pay through us and work out leave arrangements with you. To get Parental Leave Pay, your employee must take paid or unpaid leave. There are some exceptions if your employee returns to work early before their Paid Parental Leave period ends. Employees can’t get income from JobKeeper Payment or COVID-19 Disaster Payment at the same time as Parental Leave Pay.
We’ll contact you if you need to provide Parental Leave Pay to your employee. We’ll also provide the Paid Parental Leave funds to pay your employees.
As an employer, you must provide Parental Leave Pay to an eligible employee who meets all of the following:
- has a newborn or recently adopted child
- has worked for you for at least 12 months before the expected date of birth or adoption
- will be your employee until at least the end of their Paid Parental Leave period
- lives in Australia
- expects to get at least 8 weeks of Parental Leave Pay.
If your employee doesn’t meet the above criteria, you don't need to provide Parental Leave Pay. However, if you both agree, you can still provide it to an employee who's eligible but doesn't meet these criteria. Register through our Business Hub and choose to provide Parental Leave Pay. Do this before your employee submits their claim.
If your employee’s Paid Parental Leave period, and all connected days are in the past, we may pay them directly. This can happen if they're eligible using the extended work test and both the following apply:
- they don’t meet the standard work test because their employment hours reduced, or they stopped work, due to coronavirus (COVID-19)
- their child’s birth or adoption was between 22 March 2020 and 31 March 2021.
You don't need to provide Parental Leave Pay to an eligible employee who gets an income support payment from us.
We’ll provide Parental Leave Pay directly to eligible parents who don’t get it from their employer. There are things you need to do to accept Parental Leave Pay.
Dad and Partner Pay
Your employee may ask to take unpaid leave so they can get Dad and Partner Pay. You don't provide Dad and Partner Pay, we'll always pay your employee directly.
It's up to your employee to claim the payment from us and to work out leave arrangements with you. To get Dad and Partner Pay, your employee must be on unpaid leave and not working. Employees can't get income from JobKeeper Payment or COVID-19 Disaster Payment at the same time as Dad and Partner Pay.
You may pay your employee a top-up payment to add to their Dad and Partner Pay. For example, you may choose to pay the difference between your employee’s Dad and Partner Pay and their normal wage. We don’t consider a top-up as paid leave for the purposes of Dad and Partner Pay eligibility.
The Employer Toolkit is your complete guide to the Paid Parental Leave scheme and what you need to do.
Legal obligations and templates and guides
The templates and guides on the Fair Work Ombudsman website can help you when employees ask for parental leave.
The Supporting Working Parents website, lists your legal obligations to employees who are either:
- on parental leave
- working parents.
Read more about the employer guide to supporting working parents on the Supporting Working Parents website.