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Summary of paid and unpaid leave entitlements

 
 
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Mother in employment
meets the minimum
hours test (see
1 below) for the
immediately preceding
12 months

Mother in employment
meets the minimum
hours test (see
1 below) for the
immediately preceding
six months

Mother meets the self-employed
minimum hours test
(see 2 below) for the
immediately preceding
six or 12 months

Mother has worked
for less than six
months or does not
meet either the
minimum hours test
(see 1 below) or the
self-employed test
(see 2 below) for the
preceding six or 12
months

Father/partner in
employment meets the
minimum hours test
(see 1 below) for the
immediately preceding
12 months

Mother entitled to:

- 10 days special leave;
and

- 14 weeks paid parental
leave; and

- 52 weeks unpaid
extended leave
(including the 14 weeks of paid parental leave).

Mother can transfer up
to 14 weeks paid parental
leave to father/partner.

Father/partner entitled
to share remaining
unpaid leave up to a total
of 52 weeks (including
14 weeks paid parental leave).

Father/partner entitled
to two weeks additional unpaid paternity leave.

Mother entitled to:

- 10 days special leave;
and

- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

Mother can transfer up to 14 weeks paid parental leave to father/partner.

Father/partner has:

- An existing entitlement
of up to 52 weeks
unpaid leave (minus
any maternity leave
taken); and

- Two weeks unpaid paternity leave.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave,
but can take as much time from self-employment as needed.

Mother can transfer up
to 14 weeks paid parental leave to father/partner.

Father/partner has:

- An existing entitlement
to take up to 52 weeks
extended leave; and

- Two weeks unpaid paternity leave.

No leave available to mother.

Father/partner has no
entitlement to 14 weeks
paid parental leave.

However, father has:

- An existing entitlement
to 52 weeks unpaid
leave; and

- Two weeks unpaid paternity leave.

Father/partner in
employment meets the
minimum hours test
(see 1 below) for the
immediately preceding
six months

Mother entitled to:

- 10 days special leave;
and

- 14 weeks paid parental
leave; and

- 52 weeks unpaid
extended leave
(including the 14 weeks of paid parental leave).

Mother can transfer up
to 14 weeks paid parental leave to father/partner.
Partners’/paternity leave
may be extended to equal
the period of paid leave transferred.

Mother entitled to:

- 10 days special leave;
and

- 14 weeks paid parental leave.

No entitlement to 52 weeks extended leave.

Mother can transfer up
to 14 weeks paid parental
leave to father/partner.
But total amount of
leave available to both is
14 weeks, including one
week partners’/paternity leave available to father/partner.

Mother entitled to 14 weeks paid parental leave.

No entitlement to 52
weeks extended leave,
but can take as much
time from self-employment as needed.

Mother can transfer up
to 14 weeks paid parental leave to father/partner.
Partners’/paternity leave
may be extended to equal the period of paid leave transferred.

No leave available to mother.

Father/partner entitled
to one week unpaid paternity leave.

 

Mother in
employment meets
the minimum hours
test (see 1 below)
for the immediately
preceding 12 months

Mother in
employment meets
the minimum hours
test (see 1 below)
for the immediately
preceding six months

Mother meets the
self-employed
minimum hours test
(see 2 below) for
the immediately
preceding six or 12
months

Mother has worked
for less than six
months or does not
meet either the
minimum hours test
(see 1 below) or the
self-employed test
(see 2 below) for the
preceding six or 12
months

Father/partner
meets the self-
employed minimum
hours test (see
2 below) for the
immediately
preceding six or 12
months

Mother entitled to:

- 10 days special
leave; and

- 14 weeks paid
parental leave; and

- 52 weeks unpaid
extended leave
(including the 14 weeks of paid parental leave).

Mother can transfer
up to 14 weeks paid
parental leave to father/partner.

Mother entitled to:

- 10 days special
leave; and

- 14 weeks paid parental leave.

No entitlement to
52 weeks extended leave.

Mother can transfer
up to 14 weeks paid
parental leave to father/partner.

 

Mother can transfer
up to 14 weeks paid
parental leave to
father/partner

Mother entitled to 14 weeks paid parental leave.

No entitlement to
52 weeks extended leave, but can take as much time from self-employment as needed.

Mother can transfer
up to 14 weeks paid
parental leave to
father/partner

No entitlements under the Act.

Father/partner has
worked for less than
six months or does
not meet either the
minimum hours test
(see 1 below) or the
self-employed test
(see 2 below) for the
immediately preceding
six or 12 months

Mother entitled to:

- 10 days special
leave; and

- 14 weeks paid
parental leave; and

- 52 weeks unpaid
extended leave
(including the 14
weeks of paid
parental leave).

No leave available to
father/partner.

Mother entitled to:

- 10 days special
leave; and

- 14 weeks paid
parental leave.

No entitlement to
52 weeks extended
leave.

No leave available to
father/partner.

 

Mother entitled to 14
weeks paid parental leave.

No entitlement to
52 weeks extended
leave, but can take
as much time from
self-employment as
needed.

No leave available to
father/partner.

No entitlements under the Act.

  1. The minimum hours’ test is that for the applicable six- or 12-month period, an employee must establish that they have worked for the same employer for an average of 10 hours per week and no less than one hour in every week or 40 hours in every month.
  2. The minimum hours test is that for the applicable six- or 12 month period, the person must have been self-employed for an average of 10 hours per week. Where the self-employed person is engaged in one or more type of work: concurrent work during the six- or twelve- month period is treated as one period of self-employment; and consecutive work during the six- or twelve- month period is treated as one period of self-employment if the breaks between the types of work is no greater than 30 days.

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This page was last updated on: 10-Aug-2007 and is current.

 


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