Parental leave FAQ
When does the new policy apply?
- Provisions are effective from 1 October 2022 and applied to babies born on or after 1 October 2022 (regardless of date of expected birth).
- The provisions do not apply to babies born before this date.
- For adoption, the arrangements will apply where the date of an adoption order is on or after 1 October 2022.
- In the instance of Permanent out-of-home care (‘POOHC’), the arrangements will apply where the date of guardianship or permanent placement order is on or after 1 October 2022
What is Bonus Paid Parental Leave?
- An employee who meets the continuous service requirements may be eligible for an additional two weeks ‘bonus’ PPL where both parents have exhausted the PPL offered by the employer. 1
- Employees who are single parents or whose partner does not have access to or are ineligible for employer-paid parental leave may receive the full two-weeks bonus paid parental leave (‘PPL’).
- Bonus Paid Parental Leave is in addition to the 14 weeks paid parental leave.
- Employees are entitled to apply for the bonus leave at the time they submit their PPL application but granting of the bonus leave is conditional to meeting the requirements set out above, prior to the leave being taken.
What evidence is required for the Bonus Paid Parental Leave?
The employer needs to be satisfied that an employee’s partner has or will have exhausted paid parental leave provided by their employer, or does not have access to employer paid parental leave.
The employee may therefore be required to provide appropriate evidence, which may include:
- A letter from the partners employer confirming paid parental leave has or will have been exhausted, or confirming the partners does not have an entitlement to employer funded paid parental leave
- Where appropriate, a statutory declaration from the employee confirming their partner has or will have exhausted paid parental leave or the partner does not have an entitlement or access to employer funded paid parental leave.
Accessing Special paid Fertility Treatment Leave
Paid special fertility treatment leave is available to employees undergoing assisted reproductive treatments. Assisted reproductive treatment means intrauterine insemination (IUI), in vitro fertilisation (IVF) and Intracytoplasmic sperm injection (ICSI). Leave can be accessed where an employee is undergoing treatments including medical appointments and travel which is associated with such treatments. Leave can be taken in part-days, single days, or consecutive days.
Paid special fertility treatment leave is not available to a partner of a person undergoing fertility treatment.