New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 55

55 What is parental leave?

(1) For the purposes of this Part, "parental leave" is maternity leave, paternity leave or adoption leave.

(2) "Maternity leave" is leave taken by a female employee in connection with the pregnancy or the birth of a child of the employee. Maternity leave consists of an unbroken period of leave.

(3) "Paternity leave" is leave taken by a male employee in connection with the birth of a child of the employee or of the employee’s spouse. Paternity leave consists of:

(a) an unbroken period of up to one week at the time of the birth of the child or other termination of the pregnancy ( "short paternity leave"), and

(b) a further unbroken period in order to be the primary care-giver of the child ( "extended paternity leave").

(4) "Adoption leave" is leave taken by a female or male employee in connection with the adoption by the employee of a child under the age of 18 years (other than a child who has previously lived continuously with the employee for a period of at least 6 months or who is a child or step-child of the employee or of the employee’s spouse). Adoption leave consists of:

(a) an unbroken period of up to 3 weeks at the time of the placement of the child with the employee ( "short adoption leave"), and

(b) a further unbroken period in order to be the primary care-giver of the child ( "extended adoption leave").

(5) For the purposes of this Part, "spouse" includes a de facto spouse.

Note: Employees are also entitled to special maternity leave for recovery from a termination of pregnancy or illness related to pregnancy (section 71) and to special adoption leave up to 2 days to attend interviews or examinations for the purposes of adoption (section 72). The requirement of unbroken periods of leave is subject to section 63 (Employee and employer may agree to interruption of parental leave by return to work).