Section 70 — Fair Work Act 2009 (Cth)

Entitlement to unpaid parental leave

An employee is entitled to 12 months of unpaid parental leave if:

(a) the leave is associated with:

(i) the birth of a child of the employee or the employee’s spouse or de facto partner; or

(ii) the placement of a child with the employee for adoption; and

(b) the employee has or will have a responsibility for the care of the child.

Note: The employee’s entitlement under this section may be affected by other provisions of this Division.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 67 — General rule—employee must have completed at least 12 months of service
s 68 — General rule for adoption‑related leave—child must be under 16 etc.
s 69 — Transfer of employment situations in which employee is entitled to continue on leave etc.
s 71 — The period of leave
s 72A — Flexible unpaid parental leave
s 73 — Pregnant employee may be required to take unpaid parental leave within 6 weeks before the birth

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