Parental Leave Changes
The recent amendments to the parental leave provisions in the Fair Work Act acknowledge the trauma associated with losing a child.
The Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures Bill 2020) was given assent in late November 2020.
The changes to the Act are intended to improve the unpaid parental leave entitlements for employees who experience traumatic events during or leading up to unpaid parental leave – including stillbirth and premature birth.
The Amendment also brings the Fair Work Act into line with changes to the government Paid Parental Leave (PPL) Scheme, providing families with more options for how to access the PPL.
Key Changes
Extension of Eligibility for Unpaid Parental Leave
Employees can now access unpaid parental leave for a maximum of 12 months if they experience:
- a stillbirth; or,
- the death of an infant during the first 24 months of life.
Access to Compassionate Leave while on Unpaid Parental Leave
A permanent employee on unpaid parental leave may now take up to two days paid compassionate leave following the stillbirth or death of their child.
Ability to place Unpaid Parental Leave ‘On Hold’
Parents of premature babies and newborns with complications who require hospitalisation immediately following the birth can now enter an agreement with their employer to put their unpaid parental leave ‘on hold’. This provision effectively allows parents to return to work until such time as they can resume their unpaid parental leave (for example when the baby comes home from hospital).
Flexible Unpaid Parental Leave
This amendment enables parents to take 30 days of their entitlement to 12 months of unpaid parental leave flexibly at any time within two years of their child’s birth or adoption placement. Flexible unpaid parental leave can be taken as:
- a single continuous period of one day or longer
- separate periods of 1 day or longer each.
Workplaces will need to update their Parental Leave policy if it is not consistent with the new entitlements.
Need help reviewing your Parental Leave policy?
Go to www.customhr.com.au or call Jodie on 0421166420