Parental Leave and Employment Protection (Shared Leave) Amendment Bill
General, Bill, Employment Law / 25 July 2023
This proposed Bill will allow a spouse or partner caring for a child to split paid parental leave or take leave at the same time, and has had its first reading, The purpose of the Bill is to increase the flexibility of arrangements available to families and will amend some of the provisions of the Parental Leave and Employment Protection Act 1987.
Mary is entitled to 26 weeks of primary carer leave. She transfers six weeks of entitlement to a parental leave payment to her partner Tom. Tom may take six weeks of primary carer leave.
That 6 weeks may be taken:
(a) for the period that immediately follows Mary’s 20 weeks of primary carer leave; or
(b) for a period that is during Mary’s 20 weeks of primary carer leave (for instance, Tom may choose to take primary carer leave for the first six weeks following the birth of the child, with Mary taking primary carer leave for the two weeks before the birth and
18 weeks following the birth); or
(c) for a period that overlaps with Mary’s 20 weeks of primary carer leave (for instance, Tom may choose to take the first week of primary carer leave during Mary’s last week of primary carer leave.
Message for Employers
We will keep you posted on the Bill’s progress, and employers should be ready to update relevant policies and agreements on parental leave entitlements should it pass.
Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.