Parental Leave for Dad (Who Just Move to a New Job)

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  try2bhelpful on 21/02/2017 - 14:45

  +2

  My suggestion is to contact Fair Work and get the answer direct from them; that way you get the most accurate information.

  Our number is 13 13 94. We're open 8am - 5.30pm Monday to Friday (except for public holidays).
  The average wait time can be around 30 minutes.

  http://www.fairwork.gov.au/contact-us/call-us

  • 

    [Deactivated] on 22/02/2017 - 14:21

    Thanks.. I will call them tomorrow :D

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  cypher67 on 21/02/2017 - 14:46

  +2

  Depends on your relationship with your workplace. I took parental leave after being in the job for 10 months, but I wasn't entitled to it, they allowed it because I had proven to be an asset and they knew I was a good bet.
  I can't imagine asking questions about this whilst you are on probation is going to impact your likelihood to stay at the company.
  It is only 1 week paid leave so do you want it because you want a free week paid leave or because you want to take a week off to be with your child and not lose pay in the process. If its the former, you need to roll the dice and talk to the employer. If its the later, volunteer to use 1 week of your pro-rated annual leave, its not a free week but you get the time off paid and company doesn't lose out.
  Most people are not monsters and will be sympathetic and help you if they can.

  • 

    [Deactivated] on 22/02/2017 - 14:23

    This is my first time of taking parental leave therefore I am clueless about parental leave. But is it only 1 week paid leave for dad? i thought it is 2 weeks paid leave?

    • 

      cypher67 on 22/02/2017 - 15:18

      I cant speak for all organisations, but at mine you are entitled to 2 weeks leave, however only 1 is paid. So essentially you can take 2 weeks off without them cracking a stint, you are entitled to it. But if you want to be paid for more than a week you need to use annual leave.

• 

  tomclancy on 21/02/2017 - 14:50

  +1

  What does the contract you signed say? Failing that, a phone call to your HR team should clear up any issues. If the policy is not in line with Fair Work then I would start asking questions. There's a good chance your company's leave policies are better than Fair Work prescribes

  FYI, I am not able to ask anyone in the office as I am still under 6 months probation.

  Huh?

  • 

    [Deactivated] on 22/02/2017 - 14:25

    The contract say as what it is being write down in Fair Work ( which I have copy on the top ).

    All employees in Australia are entitled to parental leave.
    Employees are able to take parental leave if they:
    - have worked for their employer for at least 12 months:
    - before the date or expected date of birth if the employee is pregnant
    - before the date of the adoption, or
    - when the leave starts (if the leave is taken after another person cares for the child or takes parental leave)
    - have or will have responsibility for the care of a child.

    • 

      tomclancy on 22/02/2017 - 14:32

      Then I would call your HR team first (before calling Fair Work). Depending on your business they might sympathise with you and allow you access to parental leave even though the policy is not strictly worded that way. If they flat out refuse then you could call Fair Work for clarification.

      I think always best to give your employer the benefit of the doubt and talk to them first.

• 

  nivag01 on 21/02/2017 - 14:55

  I assume your workplace doesn't have it's own policy that you can look up easily? The other option is the 2 weeks dad & partner pay offered by the federal government. Worst case scenario is that use annual leave as mentioned above.

  • 

    [Deactivated] on 22/02/2017 - 14:25

    The policy that I signed in my contract are exactly copy paste from Fair Work.

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  Hardlyworkin on 21/02/2017 - 18:01

  As mentioned above check with the source (FWO) Based on what you have said thougj, no you won't have been there for 12 months at expected date of birth so no legislative entitlement to parental leave (unless you have an EBA that's says otherwise)

  This means it is up to you're employer if they agree to some time off. You could ask to use your little bit of annual leave. Otherwise it is up to your employer whether they allow you unpaid time off. There isn't any requirement to do so as you don't have an entitlement to unpaid parental leave under the Fair Work Act as you don't qualify for it. You are still covered by discrimination laws though, otherwise hopefully your employer can accommodate your request.

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  Hardlyworkin on 21/02/2017 - 18:04

  Is your partner taking some leave first and then you after? That may be a way around it

  • 

    [Deactivated] on 22/02/2017 - 14:28

    My partner end his contract as she is planning to pursue her study.

    • 

      cypher67 on 22/02/2017 - 15:19

      +1

      Studying with a newborn …. good luck with that!

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  throwawayacc on 24/02/2017 - 11:56

  Please read this link: https://www.humanservices.gov.au/customer/services/centrelin…. You will be eligible for Dad and Partner pay for two weeks. Parental leave is usually if you have been with the company for at least 12 months, or at their discretion. Dad pay requires you to take at most two weeks unpaid (NOT annual leave) from work.