How to answer working parent FAQs

Whether it’s the first time you’re supporting a working parent in the workplace or you’re a working parent yourself, there can be a lot to wrap your head around.

Working parents are often embarking on a whole new journey and they’ll likely have questions about what happens before, during and after parental leave. To support them along this journey, make sure you’re across their rights, obligations and entitlements. This article explains the answers to questions your employees may have at each step of the journey.

Our best practice guide provides more detailed info and suggestions to make your workplace stand out from the rest for working parents.

Do I get paid parental leave?

It’s often misunderstood that parental leave is a minimum paid leave entitlement. In fact, the minimum entitlement to parental leave is an unpaid period of leave that allows parents to care for their new child.

Under the Fair Work Act, eligible employees, including both parents of the same child, can take up to 12 months of unpaid parental leave initially and then request up to a further 12 months leave after. This means they can access up to a total of 24 months of unpaid parental leave that can be taken in different ways.?

So, where does payment during parental leave come into the picture? While they’re on parental leave, some parents may be eligible to receive payments. There are two types of payments and they can come from:

• the Australian Government (managed by Services Australia) Under the Parental Leave Pay Scheme, eligible employees can get up to 20 weeks’ Parental Leave Pay at the National Minimum Wage. Visit the Services Australia website for more info.
• the employer Employers can provide payments during parental leave under an enterprise agreement, employment contract or workplace policy.

?How do I apply for parental leave?

When an employee wants to take unpaid parental leave, they need to first check they meet the criteria to be eligible. If they’re eligible, they need to provide at least 10-weeks’ notice that they’re taking leave (unless it’s not possible to do so) and can be asked to provide evidence of the expected date of birth or the date of placement and age of an adopted child. Employees must also confirm their leave start and end dates 4 weeks prior to starting the leave (unless it’s not possible to do so).

We’ve developed a handy checklist to help employees keep track of all the required steps when applying for parental leave, which you can provide to them.

You can also make providing notice easier by having a templated form for your employees to fill out. Our downloadable template can be used or provide you with a starting point to develop one that works for your business and employees.

Watch our short video for an overview of how parental leave works.

What if I can’t do my normal job because of doctor’s orders?

During a pregnancy, employees have a number of entitlements and protections. This includes having the right to a safe job. If a pregnant employee is fit for work, but not in their current position due to an illness, risk arising from pregnancy or hazards related to their position, they have a right to be transferred to a safe job if one is available. If not, the employee can access ‘no safe job leave’.

Watch our video covering pregnant employee entitlements to learn more.

Can I work during parental leave?

While they’re on parental leave, you and your employee can arrange up to 10 ‘keeping in touch’ days for each 12 months of unpaid parental leave, paid at the employee’s normal wage. These days can be used to help employees on parental leave stay updated with their workplace and refresh their skills to assist their return to work. They don’t impact the length of their total parental leave period and an employee doesn’t have to agree to use these days if they don’t want to.

We have more info about other payments and entitlements during parental leave.

Do I return to my same job?

The short answer is yes. Employees coming back from parental leave have a right to return to the same job they had, even if a replacement employee is working in their role. They can also take unpaid parental leave again for their next child, without working another 12 months to be eligible.

Employees also have protections from discrimination at work for a number of protected attributes, including pregnancy, breastfeeding and family or carer’s responsibilities. This means for example, they can’t be fired, demoted or treated differently to other employees because they are pregnant, breastfeeding or have family or carer’s responsibilities.

Note: The Fair Work Commission accepts applications from eligible employees who’ve lost their job for discriminatory or unjust reasons. Applications need to be made within 21 days from the day of dismissal.

Can I work flexibly when I return?

Eligible employees returning to work can request flexible working arrangements now that they’re a parent or have responsibility for the care of a school-aged child or younger. These arrangements can include working part-time, changing start and finish times or working from home.

The request must be in writing and you have 21 days to respond back in writing. A request can only be refused on reasonable business grounds after you’ve taken certain steps. We have templates and examples you and your employees can use to make and respond to a request.

Best practice tip: Breastfeeding in the workplace

Employees are allowed to express milk or breastfeed in the workplace and can’t be discriminated against for doing so, be made to feel uncomfortable or not be provided with adequate facilities or breaks.

A best practice employer can support breastfeeding employees by ensuring suitable facilities are available, like a private room and a fridge to store breast milk, and providing appropriate breaks so they can breastfeed or express.

We, the Fair Work Ombudsman, have maintained our accreditation with the Australian Breastfeeding Association for being a best practice breastfeeding friendly workplace. Become an accredited organisation too or get help developing policies that support breastfeeding women in the workplace.