How to Take Unpaid Parental Leave from Work in Australia
Eligible employees in Australia can take up to 12 months of unpaid parental leave under the National Employment Standards, with options for continuous and flexible leave and a right to request up to a further 12 months.
AU Australia
Work & Retirement ~ 10 min read
12 FAQ
Updated 2026-08-26
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If you have or will have responsibility for caring for a child and meet the service requirements, you can generally take up to 12 months of unpaid parental leave from your employer. You normally need to give at least 10 weeks written notice and confirm continuous leave dates at least 4 weeks before the leave starts. For a child born or placed for adoption on or after 1 July 2026, up to 130 days of the 12-month entitlement can be taken as flexible unpaid parental leave. If you take 12 months, you can request up to a further 12 months, with the request made in writing at least 4 weeks before the first 12 months ends.
What you need
- Have or expect to have responsibility for the care of the child.
- Meet the required 12-month service period with the employer.
- If you are a casual employee, have worked on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing regular and systematic work if not for the birth or adoption.
- Give the employer at least 10 weeks written notice of the intended unpaid parental leave where possible.
- For continuous leave, include the intended start and finish dates and confirm those dates at least 4 weeks before the leave starts.
- For flexible leave, state the total number of flexible leave days and give at least 4 weeks notice of the specific days to be taken.
- Provide reasonable evidence of the expected or actual birth date, or the placement and age of an adopted child, if the employer requests it.
Eligibility
An employee is eligible for unpaid parental leave if they have or will have responsibility for caring for the child and have worked for their employer for at least 12 months at the relevant eligibility point. For a pregnant employee, the 12-month requirement is assessed before the date or expected date of birth. For adoption it is assessed before the date of placement, and in other cases it may be assessed when the leave starts. Casual employees must also have worked regularly and systematically for at least 12 months and have a reasonable expectation that this work would have continued if not for the birth or adoption. The same eligibility rules apply to continuous and flexible unpaid parental leave.
How to do it
- Check that you meet the eligibility rules, including the 12-month service requirement and responsibility for caring for the child.
- Decide how you want to use your entitlement: as continuous unpaid parental leave, flexible unpaid parental leave, or a combination of both.
- Give your employer written notice at least 10 weeks before the leave starts where possible. For continuous leave, state the start and end dates. For flexible leave, state the total number of flexible days you intend to take.
- If your employer asks for evidence, provide reasonable evidence of the expected or actual birth date, such as a medical certificate, or evidence of the placement and age of an adopted child.
- At least 4 weeks before continuous leave starts, confirm your start and end dates and notify the employer of any changes. If you cannot give the required notice, notify the employer as soon as possible.
- For flexible unpaid parental leave, give at least 4 weeks notice of the specific days you intend to take. A notified flexible day can later be changed if your employer agrees.
- Take the approved form of leave within the statutory time limits. For a child born or placed for adoption on or after 1 July 2026, up to 130 days of the initial entitlement can be taken flexibly.
- If you originally planned to take less than your available 12-month entitlement, you can make a first extension up to the available 12 months by giving written notice at least 4 weeks before the current leave ends.
- If you have taken 12 months and want more leave, make a written request for an extension of up to a further 12 months at least 4 weeks before the first 12 months ends.
- If requesting an extension beyond 12 months, check the employer's written response. The employer must respond within 21 days and can refuse only in accordance with the Fair Work Act requirements.
Who can take unpaid parental leave in Australia?
Unpaid parental leave is a minimum workplace entitlement under the National Employment Standards. Eligible employees can initially take up to 12 months of unpaid parental leave when they have or will have responsibility for caring for a child following birth or adoption.
The entitlement can apply when the employee gives birth, when the employee's spouse or de facto partner gives birth, or when the employee adopts a child under 16. Each eligible parent has their own entitlement, and one parent's leave does not reduce the other parent's entitlement.
12-month employment requirement
You generally need at least 12 months of service with your employer. A pregnant employee must have completed the required service before the date or expected date of birth. For adoption, the requirement applies before the date of placement. In other situations, eligibility can be assessed when the leave starts.
Casual employees can qualify if they have worked for the employer on a regular and systematic basis for at least 12 months and would reasonably have expected that work to continue on a regular and systematic basis if not for the birth or adoption.
How much unpaid parental leave can you take?
An eligible employee can initially access up to 12 months of unpaid parental leave. It can be taken as one continuous period, as flexible unpaid parental leave, or as a combination of continuous and flexible leave.
An employee who takes 12 months can request an extension of up to a further 12 months. The maximum period with an agreed extension is generally 24 months from the birth or placement of the child.
Continuous unpaid parental leave
Continuous parental leave is one unbroken period of leave. A pregnant employee can generally start continuous leave up to 6 weeks before the expected birth, or earlier if the employer agrees. It can also start within 24 months after the birth, subject to the applicable rules, and must end within 24 months of the birth.
An employee who is not the pregnant parent can take continuous parental leave within the 24 months following the child's birth or placement, provided they have or will have responsibility for the child's care. Adoption-related timing rules also apply to the placement of a child.
Flexible unpaid parental leave in 2026
Flexible unpaid parental leave allows an eligible employee to take part of their parental leave entitlement as individual days or separate periods of one day or more. Flexible leave is deducted from the employee's overall 12-month entitlement.
For a child born or placed for adoption on or after 1 July 2026, up to 130 days can be taken as flexible unpaid parental leave. For a child born or placed between 1 July 2025 and 30 June 2026, the maximum is 120 days. Different limits apply to earlier birth or placement dates.
Flexible leave can generally be used within the first 24 months after birth or placement. A pregnant employee who is still working during the 6 weeks before the expected birth can also start using flexible parental leave during that period.
Flexible leave can be taken before or after a period of continuous leave, including after the employee has returned to work. The combined continuous and flexible leave must remain within the employee's available entitlement unless the leave is validly extended.
How much notice must you give your employer?
You normally need to give your employer at least 10 weeks written notice before starting unpaid parental leave. The notice must state how much leave you intend to take.
If you are taking continuous leave, your notice must include the intended start and finish dates. If you plan to take flexible parental leave, the notice must state the total number of flexible days you intend to take.
If giving 10 weeks notice is not possible, you must give notice as soon as possible. This can apply, for example, where a baby is born prematurely. An employer can also agree to shorter notice in certain circumstances involving flexible unpaid parental leave.
Confirmation 4 weeks before continuous leave
At least 4 weeks before continuous unpaid parental leave begins, you must confirm your start and end dates and tell your employer about any changes. If you cannot provide 4 weeks notice, notify the employer as soon as possible.
Notice for individual flexible leave days
In addition to notifying the total number of flexible days, you must generally give at least 4 weeks notice of the specific flexible leave days you intend to take. A flexible leave day that has already been notified can be changed if your employer agrees.
What evidence can your employer ask for?
Your employer can ask for evidence that would satisfy a reasonable person about the expected or actual date of birth. A medical certificate is an example of evidence that may be requested.
For an adoption, the employer can request evidence relating to the date of placement and the age of the adopted child. If an employer lawfully asks for required evidence and the employee does not provide it, the employee may not be entitled to take the leave.
Do you need your employer's approval for the first 12 months?
Eligible unpaid parental leave under the National Employment Standards is a statutory entitlement when the legal notice, evidence and other requirements are met. It is therefore different from asking an employer for ordinary discretionary unpaid leave.
However, some changes to previously notified arrangements require agreement. For example, an employee can change a notified flexible parental leave day if the employer agrees, and further extensions within the initial available 12-month period after a first extension can require agreement.
How to extend unpaid parental leave within the first 12 months
If you originally notified your employer that you would take less than your available 12 months, you can extend the leave up to your available 12-month entitlement. For the first such extension after the leave has started, give the employer written notice at least 4 weeks before the existing leave end date and state the new end date.
Further extensions within the first 12-month entitlement need to be agreed between you and your employer.
How to request a second year of unpaid parental leave
If you have taken 12 months of unpaid parental leave, you can request an extension of up to a further 12 months. Your written request must be given to your employer at least 4 weeks before your first 12 months ends. The total period cannot exceed 24 months from the child's birth or placement.
Your employer must respond to a request for an extension beyond the first 12 months in writing within 21 days. The employer can agree, agree to a different extension period after discussing it with you, or refuse the request in accordance with the statutory rules.
When can an employer refuse the extension?
An employer can refuse an extension beyond the first 12 months only after discussing the request and genuinely trying to reach an agreement with the employee, considering the consequences of refusing the request, and relying on reasonable business grounds.
Reasonable business grounds can include excessive cost, inability or impracticality of changing other employees' working arrangements or hiring staff, a significant loss of efficiency or productivity, or a significant negative impact on customer service.
If the request is refused, the written response must explain the reasons and how the business grounds apply. It must also state an alternative extension period the employer would agree to, or state that there is no extension period the employer is willing to agree to, and provide information about the dispute resolution process.
Can both parents take unpaid parental leave at the same time?
Yes. Eligible parents can take parental leave at the same time for part or all of their leave periods. Each parent can have their own entitlement of up to 12 months and can separately request an extension subject to the applicable requirements.
Can you receive Parental Leave Pay while on unpaid parental leave?
Unpaid parental leave under the Fair Work Act is an employment entitlement and is separate from Australian Government Parental Leave Pay. An employee may receive payments while taking parental leave if they separately meet the rules for a payment scheme or have paid parental leave available from their employer. This procedure covers the workplace entitlement to unpaid parental leave rather than eligibility for government Parental Leave Pay.
What happens when parental leave ends?
Employees taking unpaid parental leave have a return to work guarantee under the Fair Work framework. In general, an employee returning from parental leave is entitled to return to the position they held immediately before starting the leave. If that position no longer exists, specific rules apply to identifying an available position that is nearest in status and pay and for which the employee is qualified and suited.
Frequently asked questions
How long do I need to work before I can take unpaid parental leave in Australia?
You generally need at least 12 months of service with your employer at the relevant eligibility date. Casual employees must also have worked regularly and systematically for at least 12 months and have a reasonable expectation that this work would have continued if not for the birth or adoption.
How much unpaid parental leave can I take?
An eligible employee can initially take up to 12 months of unpaid parental leave. After taking 12 months, the employee can request up to a further 12 months, subject to the extension rules.
How much notice do I need to give for unpaid parental leave?
You normally need to give at least 10 weeks written notice. For continuous leave, you must also confirm the start and end dates at least 4 weeks before the leave begins. If you cannot meet the notice period, you must notify your employer as soon as possible.
How many flexible unpaid parental leave days can I take in 2026?
For a child born or placed for adoption on or after 1 July 2026, an eligible employee can take up to 130 days of their parental leave entitlement flexibly. For a child born or placed between 1 July 2025 and 30 June 2026, the limit is 120 days.
Can I take flexible parental leave after returning to work?
Yes. Flexible unpaid parental leave can be taken before or after continuous parental leave, including after returning to work, provided it is taken within the applicable 24-month period and remains within your available entitlement.
What proof can my employer ask for before parental leave?
Your employer can ask for reasonable evidence of the expected or actual birth date, such as a medical certificate, or evidence of the date of placement and age of an adopted child.
Can I extend unpaid parental leave from 6 months to 12 months?
If you originally planned to take less than your available 12-month entitlement, you can make a first extension up to the available 12 months by giving written notice at least 4 weeks before your current leave ends. Further extensions within that initial entitlement need agreement with your employer.
Can I extend unpaid parental leave beyond 12 months?
Yes. After taking 12 months, you can request an extension of up to a further 12 months. The request must be in writing and made at least 4 weeks before the first 12 months ends.
How long does my employer have to respond to a parental leave extension request?
For a request to extend unpaid parental leave beyond the first 12 months, the employer must respond in writing within 21 days.
Can my employer refuse a second year of unpaid parental leave?
The employer can refuse only after discussing the request and genuinely trying to reach agreement, considering the consequences for the employee, and relying on reasonable business grounds. The refusal must be provided in writing with the required reasons and dispute information.
Can both parents take unpaid parental leave at the same time?
Yes. Eligible parents can take parental leave concurrently for part or all of their leave. Each parent's entitlement is separate.
Is unpaid parental leave the same as Centrelink Parental Leave Pay?
No. Unpaid parental leave is a workplace entitlement under the Fair Work framework. Australian Government Parental Leave Pay is a separate payment with its own eligibility rules.
Official sources
Fair Work Ombudsman - Applying for parental leaveFair Work Ombudsman - Types of parental leaveFair Work Ombudsman - Extending parental leaveFair Work Ombudsman - Parental leave and related entitlements fact sheetFederal Register of Legislation - Fair Work Act 2009Related procedures
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