Employees, including regular casuals, can take unpaid parental leave if they’ve had 12 months of continuous service with their employer.

Regular casuals are casuals who have been employed on a regular and systematic basis.

The rules about continuous service apply in the same way to employees taking:

• continuous unpaid parental leave
• flexible unpaid parental leave.

See Taking parental leave for more information.

What is counted as continuous service for parental leave?

It’s the total amount of time that an employee has worked for their employer.

Both paid and unpaid leave periods are counted as service if the leave has been approved by the employer.

Unapproved absences, like industrial action, aren’t counted as service. However, they won’t break an employee’s period of continuous service.

For information on how unpaid leave is counted for other entitlements, please see Unpaid leave & continuous service.

Casual service

If a casual has converted to part-time or full-time employment under the National Employment Standards, the time they worked as a regular casual counts as part of their continuous service.

Periods worked as a casual that weren’t regular aren’t counted as part of continuous service.

See Becoming a permanent employee for more information.

When do employees taking birth-related leave need to have 12 months continuous service?

Pregnant employees taking leave first

Pregnant employees taking parental leave following the birth of their child need to have 12 months continuous service by the expected date of birth or the actual date of birth of the child, whichever date is later.

This also applies to employees that need to take special maternity leave during their pregnancy.

Example

Sarah started work on 26 February 2020.

She finds out she is pregnant and her expected birth date is 3 March 2021. By the time Sarah’s due to have her baby she will be eligible to take unpaid parental leave because she will have 12 months continuous service.

However, Sarah gives birth early on 20 February 2021. Sarah hasn’t had 12 months’ continuous service when her baby is born.

Sarah is still eligible to take unpaid parental leave because the expected date of birth of her child is later than her actual date of birth.

Spouse or de facto partner caring for the child first

Employees need to have 12 months continuous service by the day they start their parental leave where their spouse or de facto partner:

• takes a period of parental leave first, or
• isn’t employed and has been caring for the child.

Others with parental responsibilities

If the child’s other parent isn’t a spouse or de facto partner of the child’s pregnant parent, they need to have 12 months continuous service by the expected date of birth or the actual date of birth, whichever date is later.

Stillbirth

An employee can take unpaid parental leave if their child is stillborn. The continuous service rules that apply to an employee taking birth-related leave apply to an employee taking unpaid parental leave after a stillbirth.

See Parental leave for stillbirth, premature birth or infant death for more information.

When do employees taking adoption-related leave need to have 12 months continuous service?

If an employee plans to start leave on the child’s placement day, they need to have this service by the placement day or the expected placement day, whichever date is later.

Otherwise, employees need to have this service by the day their leave starts if:

• their spouse or de factor partner has been on leave first, or
• their spouse or de facto partner isn’t working and has been caring for the child.

When won’t an employee need 12 months continuous service?

Employees don’t need 12 months of continuous service to be able to:

• transfer to a safe job when pregnant
• take unpaid no safe job leave
• take unpaid pre-adoption leave.

Do employees need to have a further 12 months continuous service for each child?

No.

Employees can take unpaid parental leave for subsequent children without completing an extra 12 months continuous service for each child.

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