Effect on leave entitlements

The scheme doesn’t give your employees an entitlement to leave.

It also doesn't change any of your their 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, is unchanged. The National Employment Standards under the Fair Work Act 2009 sets out this entitlement.

Your employee getting Parental Leave Pay or Dad and Partner Pay doesn’t mean they’ll get additional leave entitlements.

You may currently provide paid maternity or parental leave through an industrial agreement or law. If you do you can’t withdraw the entitlement to that leave while the agreement or law is in effect.

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

Your employee can take Parental Leave Pay before, during or after any type of paid or unpaid leave.

For example, they could get Parental Leave Pay and also take all of the following at the same time:

  • paid maternity leave
  • annual leave
  • unpaid parental leave.

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: 3 March 2022.
QC 26556