General rule—employee must have completed at least 12 months of service
67 General rule—employee must have completed at least 12 months of service
Employees other than casual employees
An employee, other than a casual employee, is not entitled to leave under this Division (other than unpaid pre‑adoption leave or unpaid no safe job leave) unless the employee has, or will have, completed at least 12 months of continuous service with the employer immediately before the date that applies under subsection (3).
For the purposes of applying subsection (1) in relation to an employee who has had their employment changed under Division 4A of Part 2‑2, any period for which the employee was a regular casual employee of the employer is taken to be continuous service for the purposes of that subsection.
Casual employees
A casual employee, is not entitled to leave (other than unpaid pre‑adoption leave or unpaid no safe job leave) under this Division unless:
the employee is, or will be, immediately before the date that applies under subsection (3), a regular casual employee of the employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months; and
but for:
the birth or expected birth of the child; or
the placement or the expected placement of the child;
the employee would have a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
Date at which employee must have completed 12 months of service
For the purposes of subsections (1) and (2), the date that applies is:
if the leave is:
birth‑related leave starting before the birth of the child; or
unpaid special parental leave;
the expected date of birth of the child; or
in any other case—the date on which the employee’s period of leave is to start.
Meaning of birth‑related leave
Birth‑related leave means leave of either of the following kinds:
unpaid parental leave taken in association with the birth of a child (see section 70);
unpaid special parental leave (see section 80).
Meaning of adoption‑related leave
Adoption‑related leave means leave of either of the following kinds:
unpaid parental leave taken in association with the placement of a child for adoption (see section 70);
unpaid pre‑adoption leave (see section 85).
Meaning of day of placement
The day of placement, in relation to the adoption of a child by an employee, means the earlier of the following days:
the day on which the employee first takes custody of the child for the adoption;
the day on which the employee starts any travel that is reasonably necessary to take custody of the child for the adoption.
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