Paternity leave application

Parental leave entitlements are provided for under the Commonwealth Members of Parliament Staff Enterprise Agreement 2024-27 (Enterprise Agreement) and the Maternity Leave (Commonwealth Employees) Act 1973 (ML Act). 

An employee who is a primary caregiver or secondary caregiver is entitled to parental leave up until 24 months from the date of the child’s birth or placement (parental leave period).

Parental leave can be taken as a combination of paid and unpaid leave within this 24-month period. The Enterprise Agreement allows parental leave to be taken on a half pay basis as an administrative arrangement. 

Employees should discuss their planned leave with their employing Parliamentarian before submitting a leave application.

If you would like to take other leave alongside your paid parental leave, please refer to the Leave and Public Holidays Guideline for further guidance. 

Further information on parental leave is available in the Leave and Public Holidays Guideline and at Clause 55 of the Enterprise Agreement. 

What is a Primary Caregiver?

A primary caregiver is defined as a pregnant employee with an entitlement under the ML Act, or an employee other than a casual employee who has primary care responsibility for a child who is born to them or who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in the Enterprise Agreement.

A pregnant employee who has an entitlement under the ML Act should take the first 12 weeks of their paid parental leave as a continuous period of leave so as to not break their entitlement to their maternity leave under the ML Act. 

An employee who is a primary caregiver is entitled to parental leave with pay during the parental leave period to a maximum of 18 weeks as provided in Table 1 below. 

What is a secondary caregiver?

A secondary caregiver is defined as an employee, other than a pregnant employee or casual employee, who has secondary care responsibility for a child who is born to them, or for a child who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in the Enterprise Agreement.

An employee who is a secondary caregiver is entitled to parental leave with pay during the parental leave period as provided in Table 2 below.

Superannuation

Defined Benefit Schemes -Members of either the CSS or PSS who proceed on unpaid Maternity or Parental Leave are not required to pay contributions for any contribution day falling in the period of leave. Contributors to both schemes may elect to pay contributions while they are on leave without pay. The election to pay contributions must be made prior to the pay day in which they wish the contributions to commence. Where members take paid leave during their unpaid Maternity or Parental Leave, they must contribute for any pay days falling during that paid leave. Further advice on defined benefit superannuation while on parental leave can be found at Commonwealth Superannuation Corporation (CSC) – Members.

Other eligible funds -An employee on parental leave, including paid and unpaid parental leave, will continue to receive employer superannuation contributions, subject to the applicable legislation and the rules of the scheme or fund.

If your child is born or adopted on or after 1 July 2025, you may be eligible to receive a Paid Parental Leave Superannuation Contribution (PPLSC). More information may be found at Paid Parental Leave Superannuation Contribution | Australian Taxation Office.