Industrial Relations Act 2016

Parental leave must not extend—

beyond 52 weeks after—

the child was born; or

the child was adopted; or

the child started residing with the employee under the surrogacy arrangement; or

the child’s parentage was transferred to the employee under a cultural recognition order; or

if an application for an extension of parental leave under section 73 is agreed to—beyond 104 weeks after—

the child was born; or

the child was adopted; or

the child started residing with the employee under the surrogacy arrangement; or

the child’s parentage was transferred to the employee under a cultural recognition order.

However, if an employee takes long parental leave and the employee’s spouse takes short parental leave concurrently with the employee, the parental leave the employee is allowed to take under subsection (1) is reduced by the amount of leave concurrently taken by the employee’s spouse.

The maximum period of parental leave allowed under subsection (1) or (2) is the maximum period of parental leave.

This section applies despite sections 59 to 61.