In a nutshell: Parental leave (a quick guide)

What is unpaid parental leave?

Parental leave is an unpaid leave entitlement contained in the National Employment Standards in the Fair Work Act 2009 (Cth) (Act) which can be taken when:

• an employee gives birth; or
• an employee's spouse or de facto partner gives birth; or
• an employee adopts a child under 16 years of age.

Parental leave entitles an employee to a return to work guarantee which guarantees they will return to their pre-parental leave position or, if that position no longer exists, an available position for which he/she is qualified and suited, nearest in status and pay to the pre-parental leave position.

In addition to this return to work guarantee, an employee is also entitled to request flexible working arrangements under Section 65 of the Act.