Exceptional circumstances

If you’re not a child’s parent, you may claim Parental Leave Pay if a child’s parent/s are unable to care for them due to exceptional circumstances. Exceptional circumstances include severe illness, a serious accident or a court order.

You may only get Parental Leave Pay if either:

• the birth mother and their partner aren’t able to care for the child
• the initial adoptive parent and their partner aren’t able to care for the child.

For you to get Parental Leave Pay for exceptional circumstances, all the following must also apply:

• you become the child’s primary carer within 52 weeks of their birth or adoption
• you’ll care for them for at least 26 weeks
• they aren’t in your care as part of a decision made by a state or territory child protection agency, unless you’re a legal parent.

You should make a claim once the child enters your primary care due to the exceptional circumstances. You can contact us on the Families line to discuss your circumstances.

You may be able to get the full amount of Parental Leave Pay under exceptional circumstances, if you have not already taken any Parental Leave Pay days. This is so you can take time off work to care for the child.

Any Parental Leave Pay days you’ve already received for the child will be deducted from the full number of Parental Leave Pay days available.

If someone has already started to get Parental Leave Pay for the child, you may be eligible for the rest of it, even if you haven’t met the work test or income test.

If you’re caring for the child in exceptional circumstances, you can give approval to share some or all of the days with your partner.