Parental leave in Australia (2026)

Last reviewed: 7 November 2026

In short: Eligible employees can take 12 months of unpaid parental leave, with a request to extend by up to 12 months, and both parents have the entitlement. Paid parental leave covers up to 130 days at the national minimum wage for births from 1 July 2026. The employee has a right to return to their pre-leave position.

RuleWhat applies
Maternity leaveTaking parental leaveAn employee who gives birth is entitled to 12 months of unpaid parental leave. The leave can start up to 6 weeks before the expected birth and must end within 24 months after the birth. [1]
Paternity leaveTaking parental leaveAn employee whose spouse or de facto partner gives birth is entitled to the same 12 months of unpaid parental leave, under the same service requirement. [1]
Parental leaveTaking parental leaveAn employee can ask the employer in writing, at least 4 weeks before the leave ends, to extend unpaid parental leave by up to 12 months, but not beyond 24 months after the birth. Up to 100 days of the 12 months can be taken flexibly in separate periods within the 24 months after the birth. [1]
Pay during leaveTaking parental leaveParental leave pay is paid for up to 130 flexible PPL days for a child born on or after 1 July 2026 (120 for births from 1 July 2025 to 30 June 2026), at the daily national minimum wage amount of 7.6 times the hourly national minimum wage. Where a claimant has a partner, one claimant can be paid for at most 110 of the 130 days, and the rest is reserved for other claimants. Up to 20 days can be paid to both parents for the same day. [2]
Job protectionTaking parental leaveOn ending a period of unpaid parental leave, an employee is entitled to return to the position held before the leave. If that position no longer exists, the employee is entitled to an available position for which they are qualified and suited, nearest in status and pay. [1]

Notes

  • An employee other than a casual employee needs at least 12 months of continuous service with the employer; a casual employee must be a regular casual with at least 12 months of employment and a reasonable expectation of continuing work (Fair Work Act s. 67).

Sources

  1. Federal Register of Legislation (Office of Parliamentary Counsel): Fair Work Act 2009 (Compilation No. 73) (consulted 7 November 2026) · all sources
  2. Federal Register of Legislation (Office of Parliamentary Counsel): Paid Parental Leave Act 2010 (Compilation No. 49) (consulted 7 November 2026) · all sources

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