The National Employment Standards don’t address whether an employee can work for a different employer during parental leave.

However, to be entitled to unpaid parental leave, an employee must have responsibility for the care of their child. Working for a different employer during parental leave may affect whether an employee still has responsibility for the care of their child.

In addition, employment contracts can include restrictions on working for another employer or as a contractor during employment.

As such, employees should get legal advice if they want to work during parental leave.

Paid parental leave

Parental leave payments from the Australian Government may be affected if employees do paid work when they’re receiving them.

Visit Services Australia – Parental Leave Pay for more information.

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