Parental leave is not just limited to when a child is born, but also when an employee adopts a child under 16 years old.
New parents to an adopted child are entitled to Parental Leave Pay (PLP) from the Australian Government, and may also be entitled to paid parental leave funded by their employer.
Australian Government Parental Leave Pay
Eligible employees can receive up to 18 weeks’ PLP from the Australian Government, paid at the National Minimum Wage. Typically, the Australian Government makes the PLP payments to the person’s employer, who then pays the employee. There are two components of PLP that eligible employees may claim.
- Set Parental Leave Pay
There is a first PLP period of 12 weeks that must be used continuously within the first 12 months of giving birth or adopting a child.
- Flexible Parental Leave Pay
There is a second PLP period that is ‘flexible’. Eligible employees are entitled to 30 days of flexible PLP, which can be taken at flexible times negotiated between the employee and their employer. Typically, the second PLP period starts after the first PLP period ends, but this is not required. The second PLP must be taken within 24 months of the birth or adoption of a child, but does not need to be taken continuously.
Employees can also use flexible PLP when they return to work from parental leave. The employee and their employer can discuss the potential arrangements.
For example, this could include working for three days per week and using flexible PLP for two days per week. This would mean the employee is paid for two days of parental leave per week until the flexible PLP expires. As the employee has 30 days of PLP, if they use two days per week, this arrangement would last 15 weeks, after which time the employee would resume their ordinary work days.
Dad and Partner Pay
Eligible dads and partners may receive two weeks leave, paid at the National Minimum Wage and directly received from the Australian Government.
Employer-funded Paid Parental Leave
In addition to PLP, certain employees may also be entitled to employer-funded paid parental leave, depending on whether it is provided for in their employment contract, enterprise agreement, or workplace policies. Any of these documents could specify the amount of leave and pay entitlements to employees claiming parental leave through the company.
An employee does not have to choose between either the PLP or employer-funded paid parental leave, as they are entitled to receive both.
Unpaid Parental Leave
Parents either having or adopting a child are entitled to 12 months of unpaid parental leave, and can request a further 12 months.
Pre-adoption Leave
Additionally, employees adopting a child are entitled to two days of unpaid pre-adoption leave. This can be used to attend interviews and examinations required to adopt a child.
However, an employer can direct an employee to take another type of leave instead of pre-adoption leave, such as paid annual leave. In such circumstances, the employee would have to take the leave directed by their employer.
Returning to Work After Parental Leave
After taking parental leave, you are entitled to return to your old job. If your employer refuses to do so or terminates your employment, this may constitute discrimination on the basis of family or Carer’s responsibilities. You may be entitled to make an Unfair Dismissal or General Protections application, depending on the circumstances.
A Whole New Approach, we are not lawyers, but the nations leading workplace advisors, I hope this article has been helpful your you. If you have questions about your rights to parental leave, please call us for free, confidential advice.
Give us a call on 1300 766 700.
By Gary Pinchen.
