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You must be living in Australia and have one of the following:
- Australian citizenship
- a permanent visa
- a Special Category visa
- a certain temporary visa, that is a partner provisional or temporary protection visa.
You must meet these rules on both:
- the day of your child’s birth or adoption
- any days you access Parental Leave Pay.
If you lodge a claim before your child is born or adopted, you also must meet the rules on the day you claim.
When you need to wait
If you’ve recently become an Australian resident or been granted a qualifying temporary visa, you may have to wait 2 years to get this payment. This is called the newly arrived resident’s waiting period (NARWP). Read about the waiting period for Parental Leave Pay, including who it applies to and how it might affect your eligibility.
There are some exemptions from the waiting period.
Information if you’re not the birth mother or adoptive parent
To get Parental Leave Pay you must meet the residence rules. The birth mother or adoptive parent doesn’t need to meet the residence rules for you to get Parental Leave Pay.
The birth mother must meet the work test and give permission for you to claim if you are any of the following:
- the birth mother’s partner
- the child’s biological father
- the partner of the child’s biological father.
The adoptive parent must meet the work test and give permission for you to claim if you are their partner and not an adoptive parent of the child.
If your visa is cancelled
If your qualifying visa is cancelled and you don’t hold another qualifying one, you won’t be able to get any more Parental Leave Pay days.
If you’re granted a new qualifying visa within 2 years of your child’s birth or entry into care, you may be able to get any remaining Parental Leave Pay days.