What is changing?

The Bill will amend the Paid Parental Leave Act 2010 (Cwth) and will require employers provide greater flexibility to employees taking the government funded paid parental leave.

In accordance with the Bill, eligible employees may access up to 18 weeks paid parental leave. The rules for the first 12 weeks of the 18-week government funded parental leave will remain unchanged. However, a flexible approach can be taken to the remaining 6 weeks which can be taken at any time after the initial 12-week period, but within two years of the birth or adoption of the child. The flexibility includes:

• In the 6-week period employees may return to work on a flexible basis;
  • For example: an employee who previously worked 5 days per week but wishes to return for 2 days within this period, is entitled to claim the other 3 days as flexible parental leave pay
• If the primary carer consents, a carer can also use the flexible paid parental leave;
  • For example: if a carer only wishes to use 3 weeks of their flexible paid parental leave, a secondary eligible carer is entitled to the 3 weeks within the applicable 6-week period

The paid parental leave entitlement is entirely funded by the government, regardless of whether employers make the payment to their employee

The entitlement to Dad and Partner pay has not changed. Employees are entitled to 2 weeks Dad and Partner Leave.

What do I need to do?

• Allow additional flexibility to parents when taking leave and when planning to return to work
• Ensure you are communicating effectively with employees to ensure they understand their entitlements
• This amendment is aimed at employees who wish to return to work on a flexible basis and have not already claimed their full 18 weeks of government funded parental leave payments, some employees may choose to return to their working arrangements as they were prior to taking parental leave, so this may not affect all employers
• The National Employment standards are not changing, this amendment is simply increasing the flexibility of the way in which parents are taking their government funded payments and can mean that parents are returning to work on a flexible basis if they have an unclaimed balance of this entitlement.
• For more information on parental leave and how to use ‘Keeping in touch days’ members can access our useful factsheets as well as a library of other tools and templates.

Support for employers

• To access the our pre-existing fact sheet on Parental Leave you are required to log in to your Victorian Chamber account.
• To access Workplace Relations Tools and Templates and the Modern Award directory click here.
• For further information relating to the changes or to subscribe to your applicable modern award contact the Workplace Relations Advice Line on 03 8662 5222.

Written by Ashlee Edwards, Graduate Workplace Relations Advisor.