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Changes to Unpaid Parental Leave

Starting July 1, 2023, the Fair Work Act made a significant change to employee's entitlements, aligning with updates to the Paid Parental Leave scheme.




More Flexibility

Employees on unpaid parental leave now have greater flexibility.

They can take up to 100 days of their 12 month leave entitlement flexibly during the 24 month period after the birth or placement of their child. This is an increase from the previous 30 day entitlement.


Employees who are pregnant can access flexible unpaid parental leave six weeks before the expected birth.


Importantly, restrictions on concurrent leave for spouses or de facto partners are lifted, allowing them to take more than 8 weeks together.


Both parents can now take up to 12 months unpaid parental leave within 24 months of the child's birth or placement.


Additionally, an extension of up to 12 months beyond the initial period is available upon application.


These changes mark a significant shift towards a more flexible and accommodating approach to unpaid parental leave under the Fair Work Act.


You can find more information on this FactSheet.


Action Steps

  • Understand what your employees are entitled to.

  • Update your Parental Leave Policy.

  • When an employee notifies you of their intention to take parental leave, have an open conversation about the new flexibility of their entitlement.


If you need help with understanding the intricacies of Parental Leave, or if your business needs a Parental Leave Policy, get in touch sandra@hrconsultingtas.com.au

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The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.

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