Applying for unpaid parental leave

Hi. Welcome to Tips Tuesday. My name is Melanie Thorley and I’m the Principal Solicitor at MJT Law. Today, we’re going to look at applying for parental leave. Now, we’re going to be jumping on to the Fair Work Ombudsman website and here it talks about applying for parental leave. Now, you’ll notice that there are some notice requirements for applying for parental leave and it is 10 weeks before starting the leave. If you don’t have 10 weeks notice, then you need to provide your employer with as much notice as possible. Now 4 weeks before starting that parental leave, you need to notify your employer of all the dates that you understand to be the correct dates with regards to starting and completing your annual leave.

Now employees who are taking concurrent leave, now this is leave that is taken by both parties, the mom and the dad, or both parents shall I say, they need to provide at least 10 weeks notice. Now if it’s about adoption, then you need to provide as much notice as possible. It is understandable that you may not have 10 weeks notice when it comes to adoption, so you need to provide your employer with as much notice that you have. Now, it is OK for your employer to require you to provide evidence of your pregnancy or of the expected date or placement of the adopted child.

Now if you don’t provide that evidence, you may not be able to take that leave because your employer won’t believe you, essentially. Now, there are some rehiring requirements for employers. They need to make sure that the next employee who takes your job while you’re on paid parental leave, that the job is temporary, that the employee is going to return to their job, and that there are situations where the employer, employee can end the leave, like if if was a still born or you’re ceasing to have responsibility of that child.

Now, you need to look up section 74 to 84 of the Fair Work Act to get these requirements, but of course you could just give us a call. If you’ve got any problems with parental leave or pregnancy or returning to work or you’ve got problems with your employee with their pregnancy, parental leave, or returning to work, please contact us. We might be able to help you in resolving those issues. Now, we provide 30 minutes free legal advice over the telephone. You can contact us on 07 3040 0337 and hopefully we’ll be able to [see 00:02:49] you on the right direction. Thanks for watching.