By Amy Nikolovski, Managing Partner, DBH Lawyers.
Welcoming a baby is exciting, but understanding leave and pay entitlements can feel overwhelming. Here’s a guide to Australia’s Government-funded Paid Parental Leave scheme and your key workplace rights.
Who is eligible?
You must be the primary carer and meet income, work and residency tests. The work test requires 10 of the 13 months before birth or adoption, with at least 330 hours worked. You cannot work on days you claim, with limited exceptions.
Full-time, part-time, casual and some self-employed parents can qualify.
Government Paid Parental Leave
Australia’s Paid Parental Leave scheme is administered by Centrelink. It provides Parental Leave Pay at the national minimum wage, indexed each 1 July.
For children born or adopted from 1 July 2025, families can access up to 120 days, or 24 weeks, of pay at $948.10 per week before tax. From 1 July 2026, this increases to 130 days, or 26 weeks. Payments can be taken flexibly within two years of birth or adoption.
Sharing leave
Part of the leave is reserved for each parent on a use it or lose it basis. From 1 July 2025, 15 days are reserved for the other parent. From 1 July 2026, this moves toward four weeks each. Unused reserved days cannot be transferred.
If sharing leave, both parents must lodge claims.
Superannuation from 1 July 2026
From 1 July 2026, the Government will pay superannuation on Paid Parental Leave at the applicable guarantee rate into your nominated fund.
Workplace rights
Separate from government payments, employees are protected by the National Employment Standards under the Fair Work Act 2009. These include 12 months unpaid parental leave, with the option to request another 12 months, a guarantee to return to your role or an equivalent position, and the right to request flexible work.
Employers must respond within 21 days and can refuse only on reasonable business grounds. Guidance is available from the Fair Work Ombudsman.
How to claim
Claims are lodged through myGov linked to Centrelink, up to three months before birth or adoption. Speak with your employer early about timing and any employer-funded leave.
This column provides general information only and is not legal advice.
DBH Lawyers
66 Wright St, Adelaide
dbh.com.au
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