Workers in NSW are entitled to take a minimum amount of unpaid time off work on the birth or adoption of a child, unless otherwise specified in their award or agreement. 

Parental leave can be:

• maternity leave, in connection with a pregnancy or the birth of a child
• paternity or partner leave, for a worker whose spouse is having a child
• adoption leave, for parents who have adopted a child under 18 years of age.

Workers cannot be forced to take parental leave.

Am I eligible for parental leave?

All workers may be entitled to parental leave. Full-time and part-time workers all qualify for parental leave after completing at least 12 months continuous service with an employer.

If you are a casual worker, and have worked on a regular and systematic basis for at least 12 months with a reasonable expectation of ongoing employment, you will be entitled to parental leave.

Once a worker has completed 12 months with the same employer, he or she is usually entitled to a separate period of parental leave for each future child.

How much parental leave am I entitled to?

If you are eligible for parental leave, you will be able to take a maximum of 52 weeks leave as follows:

• Maternity leave: an unbroken period, taken during or after pregnancy.
• Paternity or partner leave: an unbroken period of up to one week taken at the time of birth (short paternity or partner leave) and a further period of unbroken leave, taken in order to be the child's primary caregiver (extended paternity or partner leave).
• Adoption leave: an unbroken period of up to three weeks, taken at the time of placement (short adoption leave) and a further period of unbroken leave, taken in order to be the child's primary caregiver (extended adoption leave).

All parental leave must be completed before the child's first birthday or anniversary of adoption however workers covered by the NSW industrial relations system may request additional leave. 

A worker and their spouse may not take parental or partner leave at the same time, except where one spouse or partner is on a period of 'short paternity or partner leave' or 'short adoption leave'.

For more information about parental leave, including additional leave you may be entitled to, what information and documentation to give your employer, and how much notice you need to give, go to the Parents and Carers section of this website.