Ending parental leave early

Find out about cancelling unpaid parental leave and returning to work early.

On this page:

Different rules about ending parental leave early apply if the employee has experienced stillbirth or infant death.

The rules on this page apply when an employee asks to return to work early and when an employer requires an employee to return to work early.

For more information, visit Stillbirth, premature birth and infant death.

Employee asks to return to work

An employee on unpaid parental leave can shorten their leave if the employer agrees. If the employer doesn't agree, then the employee has to return to work on the planned date.

No notice period is required when an employee and employer agree to the new return date.

Employer requires employee to return to work

An employer can require an employee to return earlier than planned from unpaid parental leave if the employee no longer has responsibility for the care of the child. The employee must return to work if their employer makes this request.

An employer must give written notice to the employee stating the return to work date. The return to work date has to be at least:

  • 4 weeks after notice to return to work is given
  • 6 weeks after the birth of a child, if the employee was pregnant.

An employer can’t require an employee to return earlier than planned if the employee’s child:

  • is stillborn, or
  • dies during the 24-month period starting on the child’s date of birth.

For more information, visit Stillbirth, premature birth and infant death.

Source reference: Fair Work Act 2009 s.77

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