Fair Work Act 2009

This section applies if:

an employee has, in accordance with section 74, given notice of the taking of a period of unpaid parental leave (the original leave period) under section 71; and

the original leave period is less than the employee’s available parental leave period; and

the original leave period has started.

The employee’s available parental leave period is 12 months, less any periods of the following kinds:

a period of unpaid parental leave that the employee has been required to take under subsection 73(2) or 82(2);

if the employee has given notice in accordance with subsection 74(2) or (2A) of the taking of flexible unpaid parental leave—a period equal to the employee’s notional flexible period.

The employee may extend the period of unpaid parental leave taken under section 71 by giving the employee’s employer written notice of the extension at least 4 weeks before the end date of the original leave period. The notice must specify the new end date for the leave.

Only one extension is permitted under subsection (3).

If the employer agrees, the employee may further extend the period of unpaid parental leave one or more times.

The employee is not entitled under this section to extend the period of unpaid parental leave beyond the employee’s available parental leave period.