The Paid Parental Leave Act 2010 (Cth) provides for paid leave for both parents after the birth or adoption of a child.

Due to the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023 (Cth), there are different laws in place for children born or adopted before and after 1 July 2023.

Applications for Parental Leave Pay must be made within certain timeframes [see Services Australia's Claiming timeframes]. In some circumstances, payment will be made through an employer [Part 3-2].

Parental Leave Pay is limited to the set maximum, even in the case of multiple births such as twins [s 20].

Children born or adopted before 1 July 2023

The primary carer of a child born or adopted before 1 July 2023 may be eligible for up to 18 weeks of paid leave. This includes continuous Paid Parental Leave period of up to 12 weeks, and 30 Flexible Paid Parental Leave days.

Eligibility is dependent on the person applying [Part 2-3]:

Flexible Paid Parental Leave days can be taken up to 2 years after the birth or adoption of the child, and can be taken after the person applying has returned to work.

Paid Parental Leave can be taken before, during or after any paid or unpaid employer funded leave, including maternity or paternity leave, annual leave or long service leave.

For more information, visit the Services Australia website.

Prior to 1 July 2023, partners of primary carers may have been eligible for Dad and Partner Pay. Claims for this payment closed on 1 July 2024.

Children born or adopted from 1 July 2023

Carers of a child born or adopted on or after 1 July 2023 may be eligible for up to 20 weeks (100 days) of paid leave [s 31ABA]. That figure increases to 22 weeks (110 days) for a child born or adopted on or after 1 July 2024, and 24 weeks (120 days) for a child born or adopted on or after 1 July 2025. See How much you can get on the Services Australia website for more information.

Eligibility is dependent on the person applying [Part 2-3]:

The birth mother must approve the number of Parental Leave Pay days they share with other applicants, and the applications made by other applicants [s 59A]. There is provision for consent to be revoked.

Parental Leave Pay is available as Flexible Paid Parental Leave, meaning it can all be taken in blocks as small as a day at a time [Part 2-1]. There is no penalty for or restriction on the person returning to work, provided they are not working on a day of paid leave. It can be taken before, during or after any paid or unpaid employer funded leave, including maternity or paternity leave, annual leave or long service leave.

If a birth mother does not meet the residence requirements, another person applying may still be successful if they meet the eligibility requirements and the birth mother provides permission for them to claim.

Up to 2 weeks of Parental Leave Pay can be used simultaneously by eligible claimants [s 21].

Parental Leave Pay must be used within 2 years of the child's birth or adoption [ss 11D and 275].

Recipients of Parental Leave Pay must advise Services Australia if their circumstances change while receiving Parental Leave Pay. For more information, visit the Services Australia website.

Superannuation

Carers of children born or adopted on or after 1 July 2025 are entitled to paid parental leave superannuation contributions in addition to Parental Leave Pay [see Paid Parental Leave Act 2010 (Cth) Chapter 3A]. Superannuation will be paid at a rate of 12% of their Parental Leave Pay into their nominated superannuation fund following the end of the financial year in which Parental Leave Pay was paid. The first payments will be received from July 2026.

Other entitlements

If ineligible for Paid Parental Leave, a carer may be eligible for other payments such as the Newborn Upfront Payment and Newborn Supplement.

For information about unpaid leave rights under the Fair Work Act 2009 (Cth) and the National Employment Standards, see the Law Handbook page on the National Employment Standards and visit the Fair Work Ombudsman website.