Paternity Leave and Partner Leave

Note: The ‘Dad and Partner Pay’ scheme has concluded for children born or adopted after 1 July 2023. It has been replaced with an expanded Paid Parental Leave (PPL) scheme. New parents in Australia may be able to access both paid and unpaid parental leave.

To find out more about your right to access PPL, visit our Paid Parental Leave factsheet. This factsheet below explains both schemes as they apply to non-birth parents. 

Understand Your Rights to Paternity and Partner Leave

Paid Parental Leave

For children born after 1 July 2023, the Paid Parental Leave (PPL) scheme has been expanded to include both birth and non-birth parents.  

An eligible family can now receive up to 100 days of PPL, with either parent able to use up to 90 of these days. Thanks to a long campaign by union members, this will increase by two weeks every year until 2026, when families will have access to 26 weeks – with a minimum of 20 days for each parent.  

So, for example, two parents may choose to take 50 days of PPL each, or one parent may choose to take 90 and other 10. The days can be shared however the parents choose, so long as neither parent takes more than 90 days.

Unpaid Parental Leave

12 months unpaid parental leave is available if you have been employed for at least 12 months (excluding any unauthorised absences) and have a responsibility for the care of the child.  You do not need to be the primary care giver to access the leave. You also have the right to request a further 12 months unpaid parental leave (which your employer can only refuse if they have reasonable business grounds).

Some employers have enterprise agreements, workplace policies or employment contracts that provide more generous entitlements, including entitlements to paid leave.

To organise unpaid parental leave, simply talk to your employer in advance (at least 10 weeks before your child’s expected date of birth or adoption) and submit a clear request in writing.

In the request, you need to state if you want to claim PPL and the dates that you would like to schedule. Your employer will then need to accept and register your request as part of the PPL application.

Dad and Partner Pay

If your child was born before 1 July 2023, the Federal Government offers up to two weeks of leave paid to partners of those who are having or adopting children. This is sometimes known as ‘Dad Pay’, but it is not just Dads who can access it.

Like the PPL scheme, partner pay is also paid at the minimum wage ($812.45 per week) for up to 2 weeks.

To qualify for partner pay you must:

• Have caring responsibilities for a newborn or newly adopted child on each day of the partner pay period
• Have earned less than $151,350 in the last financial year
• Not be working or taking paid leave during your partner pay period
• Be able to meet the criteria of a number of income, employment and residency tests

To find out whether you are eligible, visit the Services Australia website.

For children born after 1 July 2023, both parents will fall under the expanded Paid Parental Leave scheme.

Frequently Asked Questions

Can I get paternity leave or partner leave?

Eligibility for paid and unpaid parental leave depends on a range of factors.

For unpaid parental leave, you must have completed at least 12 months of continuous service with your employer. This includes casual employees who have worked for 12 months and have a reasonable expectation of continuing work for their employer on a regular and systematic basis.

The right to unpaid parental leave is part of the National Employment Standards, and it applies to all employees in Australia.

PPL is available to the following while caring for their newborn: 

• the birth mother of the newborn child 
• the partner of the birth mother 
• the child’s biological father 
• the partner of the child’s biological father 
• the child’s adoptive parent 
• the partner of an adoptive parent 
• gaining parents in a surrogacy arrangement 
• the partner of a gaining parent in a surrogacy arrangement 
• a person caring for a child under exceptional circumstances.

You also need to meet all of the following:

• an income test 
• a work test 
• residence rules

Read more in our Paid Parental Leave factsheet.

How much paternity leave are fathers entitled to in Australia?

After a long campaign by union members, the PPL scheme in Australia is now able to be shared between parents in a way that works best for the family.

From 1 July 2023, families have 100 days to be shared, with a maximum of 90 days taken by each parent.

Should men get paternity leave from work?

Yes, men in Australia are entitled to PPL. The purpose of this leave is for parents to be able to spend time with their new family, support their partner and spend time with their newborn.

From an employment perspective, parental leave policies are designed to protect workers during the birth or adoption of their child.

Ensuring the existence of PPL ensures that children can be cared for, parents receive time to rest, and that a good work-life balance is maintained.

How does paternity leave in Australia work?

PPL in Australia is now administered through a single system, regardless of the gender of the parent. There is no longer a separate Dad and Partner payment.

Am I eligible for paternity leave?

To be eligible for unpaid parental leave you will need to be responsible for the care of a newborn or adopted child. Both parents in the relationship are entitled to unpaid parental leave, so long as they have worked for their current employer for at least 12 months.

To find out more about PPL eligibility, visit our Paid Parental Leave factsheet.

Can you get Partner Pay if you’re not married?

For children born after 1 July 2023, Partner Pay has been absorbed by the PPL system.

Paid Parental Leave can be claimed by anyone who is caring for a child, passes the income and work tests and is any one of the following:

• the birth mother of the newborn child
• the partner of the birth mother 
• the child’s biological father 
• the partner of the child’s biological father 
• the child’s adoptive parent 
• the partner of an adoptive parent 
• gaining parents in a surrogacy arrangement 
• the partner of a gaining parent in a surrogacy arrangement 
• a person caring for a child under exceptional circumstances.

When can I apply for paternity leave or partner leave?

If you want to take parental leave, then you will need to apply to your employer within the appropriate notice period. 

Ideally, you should apply at least 10 weeks before starting your paternity leave. This notice needs to be in writing. In this document, you will need to state how much leave you want to take and clearly include the start and end dates.  You should also indicate any period during which you will be seeking PPL.

Can I get partner pay if I’m self-employed?

Yes, you are still entitled to receive payments if you are self-employed. 

The application process you need to complete is the same as employees. Simply log on to the myGov site and answer all the required questions.

All of your entitlements will be the same as permanent full-time workers.

Can an employer refuse paternity leave or partner leave?

After you have submitted your application, your employer must grant you leave for your requested dates unless you are ineligible or have not given them sufficient notice.

If your employer declines your application,  then you may have the option of taking the matter to the Fair Work Commission or to court.  You should speak to your union about what action is available to you in your particular circumstances.