[Australia] Changes to unpaid parental leave requirements and employer action

Changes to unpaid parental leave in Australia came into effect in July. Holding Redlich summarises the key changes to be aware of and outlines measures employers can take to comply with the revised legislation.

Key changes

• The legislation is now gender neutral: References to ‘maternity leave’ are replaced with ‘parental leave’.
• Flexible commencement: Unpaid parental leave can now be taken at any time within 24 months after the birth of the child, whereas before, it was restricted to 12 months after birth.
• 100 days of flexible leave: Usually unpaid parental leave must be taken in one continuous period. Under the revised legislation, employees can now take up to 100 days of leave outside of this continuous block. Leave can be taken anytime in the 24 months following the birth of the child or six weeks before the anticipated birth. Notice requirements apply.
• Concurrent couple requirement removed: Employee couples can now reportedly access unpaid parental leave regardless of the amount of leave the other member of the couple has taken.
• Simplified notice requirements: Notice requirements are now streamlined. Employees are now required to provide one notice 10 weeks before the anticipated birth of their child.
• Twelve months of service anytime in a 24-month period: The 12-month service requirement can now be satisfied in the 24-month period following the birth of the child.

Actions to take now

Holding Redlich says employers should:

• Review and update policies and procedures to reflect the new requirements.
• Consider how the changes to unpaid parental leave requirements interact with the government's paid parental leave scheme and any additional discretionary paid parental leave you provide.
• Review employment contracts to ensure compliance with the new requirements.

Further information about parental leave changes is reportedly available from the following links: Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023, Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023 and Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.

Source: Holding Redlich

(Links via original reporting)

Changes to unpaid parental leave in Australia came into effect in July. Holding Redlich summarises the key changes to be aware of and outlines measures employers can take to comply with the revised legislation.

Key changes

• The legislation is now gender neutral: References to ‘maternity leave’ are replaced with ‘parental leave’.
• Flexible commencement: Unpaid parental leave can now be taken at any time within 24 months after the birth of the child, whereas before, it was restricted to 12 months after birth.
• 100 days of flexible leave: Usually unpaid parental leave must be taken in one continuous period. Under the revised legislation, employees can now take up to 100 days of leave outside of this continuous block. Leave can be taken anytime in the 24 months following the birth of the child or six weeks before the anticipated birth. Notice requirements apply.
• Concurrent couple requirement removed: Employee couples can now reportedly access unpaid parental leave regardless of the amount of leave the other member of the couple has taken.
• Simplified notice requirements: Notice requirements are now streamlined. Employees are now required to provide one notice 10 weeks before the anticipated birth of their child.
• Twelve months of service anytime in a 24-month period: The 12-month service requirement can now be satisfied in the 24-month period following the birth of the child.

Actions to take now

Holding Redlich says employers should:

• Review and update policies and procedures to reflect the new requirements.
• Consider how the changes to unpaid parental leave requirements interact with the government's paid parental leave scheme and any additional discretionary paid parental leave you provide.
• Review employment contracts to ensure compliance with the new requirements.

Further information about parental leave changes is reportedly available from the following links: Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023, Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023 and Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.

Source: Holding Redlich

(Links via original reporting)