Work & Family

e-print e-mail

Adoption Leave changes

Parental leave now available to working parents who adopt children under 18 years of age

In New South Wales, the Industrial Relations Act 1996 provides employees with minimum entitlements to parental leave including adoption leave.

Adoption leave can be taken by an eligible employee for the adoption of a child who was previously unknown to them. Until now, this adoption leave was only available if the child was under 5 years of age at the time of placement.

Commencing 23 October 2003, new legislation increases this age limit to less than 18 years.

In New South Wales, very few children over the age of 5 years are adopted. There are however, a small number of older children from outside Australia placed with new parents. These overseas born children, though of school age, still need time to adjust to their new family and environment.

In the past, an adoptive parent of an older child from overseas might have had little choice but to resign their paid employment to provide care and support to the child.

It is now available to an adoptive parent of an older child, who otherwise qualifies, to opt for unpaid adoption leave. They can now provide their new child with the same settling and bonding period that birth parents can provide under the Act, with the security of knowing their job is protected while they are on parental leave.