Parental leave payments are generally attached to the birth mother or the chosen primary carer (if they are becoming the permanent primary carer of a child under six).

Parental leave payment provisions in employment agreements

Some employment agreements and workplace policies include employer-funded parental leave payment provisions. If you don’t know if your workplace has parental leave related payments, you should ask your employer

  • In some instances you might be eligible for payments through your employment agreement or workplace policies in addition to the government payment.
  • In some instances you might be able to get some form of payment through your workplace even if you can’t get the government-funded payment.
  • Provisions in your employment agreement or workplace policies won’t be affected by the government-funded payments (unless your agreement or policy specifically says so).
  • Your employment agreement can’t change whether or not you can get the government parental leave payment.
  • Even if parental leave provisions under your employment agreement, are more generous (eg ‘parental leave’ after working for three months) this will not give you the right to get a government-funded payment. To get a government-funded parental leave payment you will still need to meet all of the government funded parental leave payment criteria.

Types of parental leave has more information.