There have been significant developments in entitlements for parents of working families in recent years. The combined durations of maternity, paternity and parent's leave and benefit now equate to 46 weeks of paid leave for a two-parent family, supplemented by an entitlement to 16 weeks of unpaid maternity leave and 26 weeks of unpaid parental leave per parent.
Under the Parent’s Leave and Benefit Act 2019, working parents are entitled to nine weeks of paid parent's leave, to be taken in the first two years after the birth or adoptive placement of a child, as required by the EU work-life balance directive. The entitlement is for each parent in their own right. The leave is non-transferable to ensure that fathers are also supported in their caring roles and to promote women’s equal labour market participation. The principle of non-transferability is also required by the EU work-life balance directive.
Under the Parental Leave (Amendment) Act 2019, an employee who is a relevant parent in respect of a child under the age of 12 is entitled to 26 weeks of unpaid parental leave for each child. Where a child has a disability or long-term illness, the entitlement can continue until the child is 16 years of age.
The Work Life Balance and Miscellaneous Provisions Act 2023 complements existing family leave entitlements and introduces additional flexibility for working parents and carers. Under this legislation, parents and carers have a right to request flexible working arrangements in line with Article 9 of EU Directive 2019/1158. An entitlement to five days of leave annually for medical care purposes was also introduced under this Act. A key priority in First 5, the whole-of-government strategy for babies, young children and their families, is to support parents to look after their babies at home for the first year of their lives, given the benefits of parental care in that first year for children’s outcomes. Family leave provisions are kept under review to ensure they respond to the needs of families and are also mindful of the impact of the leaves on workplaces.