An employee on parental leave has notified the business that she is pregnant again and would like to take parental leave for her second pregnancy. She advises that she will not be returning to work between pregnancies. Is she entitled to take parental leave again? Does she need to come back to work before taking a second period of parental leave?
The parental leave provisions of the National Employment Standards (NES) include 12 months’ unpaid parental leave for employees who have completed at least 12 months’ service immediately before the date or expected date of birth of the child.
An employee is entitled to take a second period of parental leave immediately after an initial period of leave due to a subsequent pregnancy. The employee does not need to work for another 12 months to qualify for a second period of parental leave, as the employee already had more than 12 months’ service with the employer.
Under the NES, an employee must provide written notice of the intention to take unpaid parental leave. The notice must specify the start and end dates of the leave. The notice must be given at least 10 weeks before starting the leave, or as soon as practicable.
Further, at least four weeks before the intended start date, the employee must confirm the intended start and end dates of the leave or advise the employer of any changes to the intended start and end dates of the leave unless it is not practicable to do so.
If required by an employer, an employee must provide evidence that would satisfy a “reasonable person” of the expected date of birth which may be a medical certificate.
To discuss this topic further, members are encouraged to please contact us or call the Ai Group Workplace Advice Line on 1300 55 66 77.
