Parental Leave Policy
This Parental Leave Policy can be used to outline employee entitlements and obligations relating to parental leave. This policy also helps communicate the notice and evidence requirements in place to employees considering taking parental leave.
4.1 (8 reviews)
Last updated December 18, 2024
Under 3 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This Parental Leave Policy can be used to help provide clarity around parental leave entitlements and your expectations as an employer. It can also help you and your employees plan for the next 12 to 24-month period by understanding key parental leave and notice requirements.
This policy complies with amendments made pursuant to the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023. It does not cover the flexible application of unpaid parental leave, which the legislation entitles parents to. It is up to the employer and employee to negotiate how flexible unpaid parental leave will be applied. More information on that entitlement can be found on the Department of Employment and Workplace Relations website. We recommend seeking legal advice if you are unsure of your obligations to your employees.
The Legal Risk Score of a Parental Leave Policy Template
Our legal team have marked this document as low risk considering:
- The document allows the employer to deny an employee's request to extend parental leave beyond the initial 12 months, potentially limiting flexibility for employees who might need longer leave periods.
- Although the employer can replace an employee on parental leave, the temporary nature of the replacement's role must be communicated, which could lead to misunderstandings or staffing issues if not handled carefully.
- The policy does not obligate the employer to accommodate requests for part-time work upon return from parental leave, which might affect employees seeking to balance work with new parental responsibilities.
Parental Leave Policy Checklist
Complete your free Parental Leave Policy with our checklist
Ensure Proper Notification
Employees should provide written notice of their intent to take parental leave at least 10 weeks before the commencement of the leave, specifying the intended start and end dates.
Confirm Leave Dates
It is crucial that employees confirm their leave dates with the employer at least 4 weeks before the leave begins to ensure all arrangements are clear and agreed upon.
Request for Extension (if needed)
If an extension of the parental leave is desired, employees must notify their manager in writing at least 4 weeks before the original leave period ends, allowing the employer to respond within 21 days.
Plan for Return to Work
Employees should notify their manager of their intention to return to work at least 14 days prior to re-commencement, especially if they are considering returning on a part-time basis.
Use this Parental Leave Policy if:
- you would like to clarify eligibility requirements around Parental Leave for your employees;
- you need to communicate notice and evidence requirements around parental leave to ensure clarity and minimise the risk of any related disputes;
- you would like your employees to be aware of their entitlements and to feel valued in the workplace; or
- your employees have questions about parental leave, such as the amount of parental leave they can take, leave requirements if their partner is also taking leave, and whether they can access paid parental leave.
What does this Policy cover?
- Eligibility criteria for parental leave;
- Amount of parental leave, along with any notice or evidence requirements;
- Information on government paid parental leave entitlements; and
- Guidelines on taking leave in circumstances where one or both partners are taking leave.
Further information:
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