Leanne Dorricott, Senior Associate, Corrs Chambers Westgarth

Unpaid parental leave and adoption leave entitlements are provided for in the National Employment Standards (NES) provisions of the Fair Work Act 2009 (Cth) (FW Act): Pt 2-2 Div 5 .

The entitlement to unpaid parental leave also extends to non-national system employees by virtue of s 744 of the FW Act. This does not, however, exclude state or territory legislation that provides more beneficial entitlements for employees. National system employees who are full time, part time or long term casual and who have at least 12 months continuous service are eligible to unpaid parental leave in accordance with the NES.

The basic entitlement of an employee under the NES is to take unpaid parental leave of up to 12 months following the birth or adoption of a child; with a right to request an additional 12 months' leave (which may only be refused on "reasonable business grounds").

Modern awards and enterprise agreements made under the FW Act, and employment contracts and employer policies, must not displace or exclude the NES entitlement to unpaid parental leave. However, they may contain provisions dealing with unpaid parental leave that do not derogate from the entitlements of employees under the NES.

See Parental leave.

The Paid Parental Leave Act 2010 (PPL Act) provides a paid parental leave scheme, funded by the Commonwealth, for eligible workers who are the primary carers of children born or adopted on or after 1 January 2011.

The PPL Act also provides for Dad and Partner Pay (DAPP), which is a category of paid parental leave for fathers or other partners of primary carers of children born or adopted on or after 1 January 2013.

The PPL scheme operates independently of other entitlements to paid parental leave, for example, under enterprise agreements, employment contracts and employer policies, which have become increasingly common in many workplaces in recent years.

See Paid parental leave scheme.