Parental leave: entitlements, leave interactions & keeping in touch days
Understanding the key aspects of parental leave can help both employers and employees navigate workplace responsibilities with confidence. From employee entitlements, how parental leave interacts with other types of leave, and the rules around keeping in touch days, our employee relations experts can help.
Parental leave entitlements for employees
Under the Fair Work Act, employees with at least 12 months of continuous service are entitled to up to 12 months of unpaid parental leave when a child is born or adopted. A further 12-month extension may be requested, though approval is at the employer’s discretion.
This unpaid leave entitlement is available to all eligible employees, regardless of whether they are the primary or secondary carer. It operates separately from the Federal Government’s Paid Parental Leave scheme, which provides income support during the leave period but does not impact the unpaid leave entitlement. Read more here.
Employer's obligations during keeping in touch days
Keeping in touch (KIT) days allow employees to stay engaged with the workplace while on unpaid parental leave. They are optional and must be agreed upon by both parties.
KIT days cannot be used within the first two weeks after a birth or adoption and are limited to 10 days for each 12-month period of unpaid parental leave.
They can be taken as a part day, one day at a time, a few days at a time or all at once, and must be paid at the employee’s normal rate for work performed. An employee also accumulates leave entitlements for each KIT day.
Employers should ensure the purpose of KIT days aligns with transition support, such as training or significant updates, rather than day-to-day duties.
Employee duties for keeping in touch days
Employees can decline to participate in KIT days without affecting their entitlements. If they choose to take part, the duties could include:
- refreshing skills;
- participating in a planning day;
- doing training; or
- attending a conference.
These days can help ease the return to work but are entirely optional and must be approached flexibly.
Interaction between unpaid parental leave and public holidays
Public holidays occurring during unpaid parental leave do not attract pay and are not treated as part of another leave type.
Because the employment contract is essentially “paused” during this time, employees are not entitled to payment for holidays that fall within their parental leave.
However, employees will continue to accrue some types of paid leave during:
- a period of employer funded paid parental leave;
- a KIT day; or
- a period of paid leave (such as annual leave) that they take during their period of unpaid parental leave.
Types of leave that accrue in these circumstances include annual leave and personal and carer’s leave.
Notice requirements for taking unpaid parental leave
Employees must provide written notice at least 10 weeks before starting unpaid parental leave. The notice should include:
- the intended start and end dates; and
- any request for extended leave.
A confirmation or amendment must be given no later than four weeks before the leave begins. Employers can also ask for reasonable evidence, such as a medical certificate or adoption documents.
Considerations for an employee returning from parental leave early
An employee on unpaid parental leave can shorten their leave if the employer agrees. If the employer doesn't agree, then the employee has to return to work on the planned date.
No notice period is required when an employee and employer agree to the new return date.
On return, the employee is entitled to resume their pre-leave position. If that role no longer exists, they must be offered a role that is as close as possible in pay, status, and responsibilities.
Managing parental leave effectively relies on clear communication, planning, and a mutual understanding of obligations.
If you have any questions about employment contracts, contact our Employee Relations Helpline on 08 9365 7660 or email [email protected], or if you would like to speak to one of our employment lawyers, email [email protected].
