Currrently, there are 3 types of parental leave:

• for new mothers: maternity leave
• for new fathers: paternity leave
• for parents who've adopted a child under 5: adoption leave

Who can apply for parental leave?

Full-time, part-time and casual employees who've been in their current job for the past 12 months can apply for parental leave under the Standard. Casuals are eligible for parental leave only if their employer has engaged them on a regular and systematic basis for 12 months or more. They must also reasonably expect to have continued working for the employer if they weren't having or adopting a child.

How much parental leave does an employee get?

• New mothers - maternity leave. Up to 52 weeks continuous unpaid leave if they are the primary caregiver. (This is called 'ordinary maternity leave'.) A minimum of 6 weeks leave must be taken immediately after the birth of their child if new mothers take ordinary maternity leave.
  Note: There's also special maternity leave and help for mothers who can't do their usual job because of their pregnancy.
• New fathers - paternity leave.
  Up to 52 weeks continuous unpaid leave if they are the primary caregiver. (Called 'long paternity leave'.)
  Up to 3 weeks unpaid leave for fathers who aren't the primary caregiver. (Called 'short paternity leave'.)
• Parents adopting a child - adoption leave. The primary caregiver can take up to 52 weeks of continuous unpaid adoption leave if the adopted child:
  • is under 5 years of age
  • hasn't lived continuously with the employee for 6 months or more
  • is not a child or step-child of either person adopting the child
  Adopting parents can also take:
  • up to 2 days of pre-adoption leave for necessary adoption interviews or exams (unless their employer requires them to take other leave they have available)
  • up to 3 weeks of continuous unpaid leave from the day the child is placed with the parents.

If the parent takes any other related authorised leave e.g. annual leave, this reduces the 52 weeks of unpaid parental leave.

From 1 January 2010, the National Employment Standards will provide access to up to 24 months unpaid leave in relation to the birth of a child or the placement for adoption of a child under 16. This entitlement extends to same sex couples.