Paid Parental Leave: Entitlements & Rules (2026)
Government-funded paid parental leave increases from 24 to 26 weeks from 1 July 2026, and it is paid at the national minimum wage rate. Whether you also get employer-paid leave depends on your award, enterprise agreement or contract. This guide, part of our wider annual leave in Australia series, explains the government payment, the separate unpaid leave in the National Employment Standards, and what employers and workers should check.
- The government-funded payment increases from 24 to 26 weeks from 1 July 2026, paid at the national minimum wage rate.
- From 1 July 2026 the ATO pays 12% super on government-funded parental leave taken in the previous financial year.
- The NES gives up to 12 months of NES parental leave, with the right to request a further 12 months, after at least 12 months of continuous service.
- Regular and systematic casuals can qualify for NES parental leave, so do not assume casuals are excluded.
What is paid parental leave?
Paid parental leave is a payment from the government that helps a new parent take time away from work after a birth or adoption. It is separate from the unpaid job-protected leave in the NES.
| Term | Meaning | Why it matters |
|---|---|---|
| Government payment | A payment at the national minimum wage rate, funded by the government and administered by Services Australia. | It replaces some income but does not itself guarantee the job is held open. |
| Employer-funded leave | Extra paid leave offered by an employer, award or agreement. | It varies between workplaces, so check the contract or agreement. |
| NES parental leave | Up to 12 months of job-protected leave, with the right to request a further 12 months. | It protects the role and sets the notice and return-to-work process. |
| Continuous service | Ongoing employment with the same employer, including regular and systematic casual work. | It decides who can take NES parental leave. |
Paid parental leave from 1 July 2026
Several figures changed on 1 July 2026. Services Australia decides eligibility and payment, so check its current rules before you plan time off.
| Item | What applies | Applies from |
|---|---|---|
| Government-funded payment | Increases from 24 to 26 weeks | 1 July 2026 |
| Payment rate | National minimum wage rate, which is $1,004.90 per 38-hour week | First full pay period starting on or after 1 July 2026 |
| Super on government-funded leave | The ATO pays 12% super on leave taken in the previous financial year | 1 July 2026 |
| NES parental leave | Up to 12 months, plus the right to request a further 12 months | Ongoing |
| Service needed for NES leave | At least 12 months of continuous service | Ongoing |
Who can take paid parental leave
The government payment and the NES leave have different rules, so a worker may qualify for one and not the other. Employers should treat each case respectfully and individually.
- Full-time and part-time employees with at least 12 months of continuous service can take NES parental leave, subject to the notice and evidence rules.
- Casual employees can take NES parental leave if they are regular and systematic casuals with at least 12 months of service and a reasonable expectation of ongoing work.
- Labour hire workers are employed by the labour hire provider, so their service is counted with the provider, not each host site.
- Genuine contractors are not employees, but an ABN does not decide the question, so check the real working relationship with the Fair Work Ombudsman or ATO tools.
- Eligibility for the government payment is decided by Services Australia, so workers should check its current criteria before they stop work.
Paid parental leave vs NES parental leave
The government payment pays money, while NES unpaid leave protects the job. Many parents use them together.
| Feature | Government payment | NES parental leave |
|---|---|---|
| Who pays | Government, through Services Australia | No one, as the leave is unpaid |
| Length | 26 weeks from 1 July 2026 | Up to 12 months, plus a request for a further 12 months |
| Rate | National minimum wage rate | Not applicable |
| Job protection | Comes from the NES, not the payment | Yes, for eligible employees |
| Super | ATO pays 12% on leave taken in the previous financial year | No super unless the employer or award provides it |
How to plan your leave
Good planning helps both sides. A roster gap on a busy site is easier to cover with a few months of notice than a few weeks.
- Check your service: confirm you have at least 12 months of continuous service with your current employer for NES parental leave.
- Read your award, agreement or contract to see whether the employer offers extra paid leave on top of the government payment.
- Check the current Services Australia rules for the government payment and apply in the way it directs.
- Give your employer written notice of the leave dates as soon as you can, with any evidence the NES requires.
- Agree how you will stay in touch, if at all, and what happens to your leave balances while you are away.
- Decide before you leave whether you will ask for a further 12 months or a flexible return to work.
Employer checklist for parental leave
Handle each request promptly and kindly. A mishandled request can lead to a Fair Work complaint, and it also affects how the rest of the team sees you.
- Check the employee's continuous service, including any regular and systematic casual period, before you answer a request.
- Confirm the leave dates in writing and keep a copy on the employee's file for 7 years.
- Keep the role open and consult the employee about significant changes during leave, as the NES requires.
- Do not ask about family plans during recruitment or promotion, because this can be discrimination.
- Check how annual leave, annual leave loading, long service leave in NSW and long service leave in Victoria interact with the leave period.
- Respect the right to disconnect by not pressuring the employee to answer work messages while on leave.
Common mistakes to avoid
- Assuming the government payment guarantees the job is protected, when the NES leave and the payment are separate things.
- Telling regular casuals they cannot take NES parental leave without checking their continuous service and work pattern.
- Forgetting that Services Australia, not the employer, decides eligibility for the government payment.
- Reducing hours or changing the role on return without consulting the employee or considering a flexible working request.
- Mixing up parental leave with sick leave or bereavement leave, which each have their own rules and balances.
Paid parental leave FAQ
How long is government paid parental leave?
It increases from 24 to 26 weeks from 1 July 2026. The payment is made at the national minimum wage rate, and Services Australia decides who is eligible, so check its current rules before you apply.
Do I get super on the government payment?
From 1 July 2026 the ATO pays 12% super on government-funded parental leave taken in the previous financial year. Employer-paid leave is treated as normal wages, so super guarantee rules apply to it as they do to other pay.
Can casuals take NES parental leave?
Yes, in some cases. The NES includes regular and systematic casuals with at least 12 months of continuous service. They can take up to 12 months of unpaid leave and request a further 12 months.
What is the difference between paid and NES parental leave?
The government payment is paid at the national minimum wage rate. NES parental leave is the right to take time off and return to your job, with no pay attached.
Next step: plan paid parental leave early
Check your service, your award or agreement and the Services Australia rules, then put your leave dates in writing. At TQN Personnel, we place and pay labour hire workers across Sydney and can help you find workers or register for work. This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation.