AustraliaMy employer won't let me take parental leave. What does the law require?
Most employees in Australia are entitled to up to 12 months of unpaid parental leave under the Fair Work Act, and employers must grant it if eligibility criteria are met.
What the Law Says
The Fair Work Act 2009 (Cth) sets out the legal entitlement to unpaid parental leave for eligible employees in Australia. It applies nationally to most private-sector and Commonwealth public-sector employees.
To be eligible for parental leave, you must have completed at least 12 months of continuous service with your employer immediately before the expected date of birth or adoption. You must also be the child’s primary carer — or, in some cases, the secondary carer — and meet other conditions such as giving proper notice.
Eligible employees are entitled to up to 12 months of unpaid parental leave. You can request an additional 12 months, but your employer may refuse this extension on reasonable business grounds.
You must give your employer at least 10 weeks’ notice before starting leave, including the expected date of birth or adoption, the start and end dates of your leave, and whether you intend to return to work. If your circumstances change, you must notify your employer as soon as practicable.
After parental leave, you have the right to return to the same job you held before leave. If that position no longer exists, you must be offered an equivalent job with the same pay and conditions.
Statutory TextAn employee is entitled to unpaid parental leave of up to 12 months.
— Fair Work Act 2009 (Cth), s. 70 — Entitlement to unpaid parental leave
Statutory TextThe employee must have completed at least 12 months of continuous service with the employer immediately before the date the leave is to start.
— Fair Work Act 2009 (Cth), s. 67 — Eligibility for unpaid parental leave
Statutory TextThe employee must give the employer written notice of the intention to take unpaid parental leave at least 10 weeks before the leave is to start.
— Fair Work Act 2009 (Cth), s. 74 — Notice of intention to take unpaid parental leave
Statutory TextAn employee who takes unpaid parental leave is entitled to return to the same job the employee held before the leave started.
— Fair Work Act 2009 (Cth), s. 76 — Return to work after unpaid parental leave
What to Do
Check if you meet the 12-month continuous service requirement and are the primary or secondary carer.
Give your employer written notice at least 10 weeks before your intended start date, including key dates and return intentions.
If your employer refuses leave, ask for the reason in writing — refusal is only lawful if you’re ineligible or didn’t comply with notice rules.
Contact the Fair Work Ombudsman (fairwork.gov.au) for free advice or assistance in resolving the issue.
Lodge a dispute with the Fair Work Commission within 21 days if your employer unreasonably refuses your lawful entitlement.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.