Division 1: General provisions

Parental leave is provided to a member to care for and engage with their child after it has joined their family on a permanent basis.

This Part does not apply to a member who is on a period of maternity leave or premature birth leave.

In this Part, the following apply.

Dual serving parent means a member to whom all of the following apply.

1. They have a child.

2. The child's other parent is also a member.

Parental leave includes all of the following.

1. Paid parental leave.

2. Special paid parental leave.

3. Unpaid parental leave.

_{Note 1: A member cannot be on more than one type of parental leave at a time.}

_{Note 2: Parental leave is not a type of leave that can be accrued.}

Qualifying service means a period of 12 months continuous full-time service.

A member must apply for parental leave using the approved form.

1. Subject to subsection 2, the maximum amount of parental leave a member can take is 66 weeks.
2. The maximum amount of parental leave a member can take is reduced by the following.
   
   1. Parental leave taken by the member's partner under this Part.
   2. Maternity leave taken by the member or their partner under Part 6.
   3. Maternity leave taken by the member's partner under the Maternity Leave (Commonwealth Employees) Act 1973.
   4. Premature birth leave taken by the member under Part 6A.
3. If the member becomes a parent of more than one child as a consequence of any of the following, the member is only eligible for one benefit in respect of those children.
   
   1. A multiple birth.
   2. The adoption of more than one child at the same time.
   3. More than one child being placed in the member’s or their partner’s care under the same permanent care order issued by a court or statutory authority.

1. In relation to a child, dual serving parents are not eligible for more than a combined total of 26 weeks of the following types of leave.
   
   1. Paid maternity leave.
   2. Paid parental leave.
   3. Special paid parental leave.
2. The combined total under subsection 1 is increased by one day for each day any of the following applies.
   
   1. Subsection 5.7.6C.2 applies.
   2. The leave is taken at half pay.

If a member is the subject of a flexible service determination, the following apply.

1. Leave is only taken on days in the member's pattern of service.

2. A nonworking period does not break a period of leave.