skip to navigation skip to content skip to footer

Part 7: Parental leave

5.7.1 Purpose

Parental leave assists a member to spend time with a newborn or adopted dependent child.

5.7.2 Definitions

This table defines a term used in this Part.

Definitions
Term Definition in this Division
Salary The salary and allowances the member would be entitled to if they were on recreation leave for the period.
See: Part 4, Recreation leave

5.7.3 Paid parental leave

  1. The CDF may grant a member 28 days of parental leave with salary if they meet all these conditions.

    Note: Any periods the member is not required for duty, such as weekends and public holidays, are included in the period of paid parental leave.

    Example: A member is granted 28 days paid parental leave on 1 April. The member returns for duty on 29 April. The 28 day period of leave includes the weekends, ANZAC Day and any other public holidays that occurs in the 28 day period.

    1. They are on continuous full-time service.

    2. Note: In the total workforce model, a member on continuous full-time service may be described as a member in Service category 6 or 7. A member who is in Service category 3, 4 or 5 and Service option C is also on continuous full-time service.

    3. The member gains a child who is a dependant and is one of the following.

      1. A newborn child.

      2. An adopted child.

    4. They are not entitled to paid maternity leave.

  2. 1A. For the purpose of subsection 1, if a member is on a flexible service determination the member may only be granted paid parental leave for their pattern of service.

  3. A member on Reserve service is not eligible for payment of parental leave.

  4. Note: In the total workforce model, a member on Reserve service may be described as a member in Service category 3, 4 or 5. A member on Service option C is not a member on Reserve service.

  5. Any period of paid parental leave is a period of effective service.

  6. The CDF may approve a member to take up to 56 days paid parental leave if they apply to be paid at half their rate of salary. This is instead of and not in addition to the 28 days at full pay.

    Example: A member is eligible 28 days paid parental leave. The member is granted 56 days leave at half their normal salary rate.

    Note: The member must contribute to superannuation every fortnight that they receive salary. Their contribution rate is not reduced.

Persons who can make the decisions under subsection 5.7.3.1 and subsection 5.7.3.4 on behalf of the CDF:
Supervisor not below WO2(E)/APS 4, in the member's direct chain of command or above in chain of command or supervision.

5.7.4 Unpaid parental leave – member on continuous full-time service

  1. The CDF may grant a member unpaid parental leave if they gain a child who is a dependant and is one of the following.

    1. A newborn child.

    2. An adopted child.

  2. A member's parental leave absence must not total more than 66 weeks

  3. A period of unpaid parental leave is not a period of effective service.

    Note: Rule 6 of the Military Super and Benefits Scheme Rules sets out when a member can pay superannuation contributions during unpaid parental leave.

  4. A period of unpaid parental leave has these features.

    1. The member is not required to remain fit or deployable.

    2. The member continues to receive free medical care. The member is not returned to the payroll for hospitalisation, treatment, illness or convalescence.

    3. The member keeps their housing assistance.

    Note: Long service leave does not accrue for any period of unpaid parental leave more than three months.

    See: Part 5 Division, section 5.5.18, Periods that are not accrued service

Persons who can make the decision under subsection 5.7.4.1 on behalf of the CDF:
For periods of less than 3 months:
Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member's direct chain of command
For any period:
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Army People Capability
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
Deputy Director Under Training Workforce (Air Force)
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Officer in Charge of Aviation Candidate Management Crntre
Staff Officer Personnel 2 Aviation Candidate Management Centre
Director General Personnel – Air Force

5.7.5 Parental leave – member on Reserve service

The CDF may grant a member on Reserve service up to 66 weeks' break in their service obligations if they gain a child who is a dependant and is one of the following.

  1. A newborn child.

  2. An adopted child.

Persons who can make the decision under section 5.7.5 on behalf of the CDF:
For periods of less than 3 months:
Commanding Officer or Officer Commanding, not below MAJ(E)/APS 6, in the member's direct chain of command
For any period:
Director Navy People Career Management Agency
Deputy Director Navy People Career Management Agency
Director General Navy People
Head Navy People Training and Resources
Staff Officer Grade 1 (Soldier Career Management Agency)
Director Officer Career Management – Army
Staff Officer Grade 1 (Directorate of Officer Career Management – Army)
Director General Army People Capability
Director Personnel – Air Force
Chief of Staff Director General Personnel – Air Force
Deputy Director Under Training Workforce (Air Force)
SQNLDR and WGCDR Personnel Managers within the Directorate of Personnel – Air Force
Officer in Charge of Aviation Candidate Management Centre
Staff Officer Personnel 2 Aviation Candidate Management Centre
Director General Personnel – Air Force

5.7.6 Time limits on parental leave

  1. Parental leave does not accrue. It must be taken within 66 weeks of the birth or adoption of a member's child.

  2. The CDF must only grant paid parental leave in one of the following ways.

    1. One 28 consecutive day period at full pay.

    2. Two 14 consecutive day periods at full pay.

      Example: A member takes two weeks of paid parental leave from 1 to 14 August. The member is later granted a second period of paid parental leave, from 1 to 14 September. The member has no further eligibility for paid parental leave.

    3. One 56 consecutive day period at half pay.

    4. Two 28 consecutive day periods at half pay.

    5. One 14 consecutive day period at full pay and one 28 day period at half pay.

      Example: A member takes a period of 28 days of paid parental leave from 1 to 28 August at half pay. The member is later granted a second period of fourteen days of paid parental leave at full pay, from 1 to 14 September. The member has no further eligibility for paid parental leave.

    Note 1: Any periods the member is not required for duty, such as weekends and public holidays, are included in the period of paid parental leave.

    Note 2: The above options reflect the principle that no more than two absences of paid leave may be granted.

  3. Unpaid parental leave can be taken as separate periods of leave.

  4. The 66 week maximum period of parental leave the CDF may grant is reduced by the sum of the following leave granted for the same child.

    1. Parental leave under this Part taken by the member's spouse or partner.

    2. Maternity leave under Part 6 taken by the member or the member's spouse or partner.

    3. Maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973. taken by the member's spouse or partner.

    See: Maternity Leave (Commonwealth Employees) Act 1973

    Example: A member takes 52 weeks of maternity leave. The maximum parental leave they can take is 14 weeks. This would take the total period of absence to 66 weeks.

  5. Two parents of a family may take parental leave together. That is, they are both eligible for a maximum of 66 weeks combined if they meet either of these conditions.

    1. They are both members.

    2. One parent is a member and the other is an APS employee.

  6. They must take into account any restrictions on the employee under an agreement or workplace agreement.

    Example: A member's spouse or partner works in another entity whose agreement provides for 66 weeks' parental leave. Both take 30 weeks' parental leave together after the birth of their child. The member then returns to duty. Their spouse or partner takes their remaining benefit of 36 weeks.

5.7.7 Multiple births or adoption

In this Part, a multiple birth or adoption is taken to be a single event.

5.7.8 How to apply for parental leave

A member must use the approved form to apply for parental leave.

Note: The approved forms are as as follows.
1. PMKeYS.
2. If PMKeYS is not avaliable, form AD097 - ADF Absence Application/Non-effective Service Notification.

5.7.9 ...

5.7.10 How does Defence parental leave interact with the Government's Paid Parental Leave scheme?

  1. The Government's Paid Parental Leave scheme is separate from Defence's parental leave provisions as contained in this Part.

  2. Receipt of Parental Leave Pay does not affect access or eligibility for Defence's parental leave provisions. Parental Leave Pay can be paid while a member is on paid or unpaid parental leave or for Reservists, a period where they are exempt from the requirement to serve the minimum training obligation set under regulation 100 of the Defence (Personnel) Regulations 2002.

  3. The Paid Parental Leave scheme is run by the Family Assistance Office who are able to provide information and assistance on how the Paid Parental Leave scheme works. The Family Assistance Office will process the claim and assess if a parent is eligible to receive Parental Leave Pay.

  4. See: Part 6A, The Australian Government's Paid Parental Leave scheme

    Contact information:
    Department of Human Services: www.humanservices.gov.au/customer/subjects/having-baby
    Government's Paid Parental Leave Hotline: 13 61 50

Print this page

Application to Reservists: Yes, on continuous full-time service.


Definitions


Forms


I want to know more...

Further info

Contact

Defence Service Centre

1800 DEFENCE (1800 333 362)

YourCustomer.Service@defence.gov.au