Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 18

(1) This section details the parental leave entitlement of an employee for—

(a) an employee who is not a long term casual employee and who has had at least 12 months continuous service with the employer; or

(b) a long term casual employee.

(2) A pregnant employee is entitled to an unbroken period of up to 52 weeks unpaid maternity leave—

(a) for the child's birth; and

(b) to be the child's primary caregiver.

(3) For the birth of a child of an employee's spouse, the employee is entitled to the following leave—

(a) an unbroken period of up to 1 week's unpaid short parental leave;

(b) a further unbroken period of up to 51 weeks unpaid long parental leave.

(4) For the adoption of a child, an employee is entitled to the following leave—

(a) an unbroken period of up to 3 weeks unpaid short adoption leave;

(b) a further unbroken period of up to 49 weeks unpaid long adoption leave.

(4A) An employee who is an intended parent under a surrogacy arrangement is entitled to the following leave—

(a) an unbroken period of up to 1 week's unpaid short surrogacy leave;

(b) a further unbroken period of up to 51 weeks unpaid long surrogacy leave.

(5) However, parental leave must not extend—

(a) beyond 1 year after the child was born or adopted or started residing with the employee under the surrogacy arrangement; or

(b) if an application for an extension of parental leave under section 29A is agreed to—beyond 2 years after the child was born or adopted or started residing with the employee under the surrogacy arrangement.

(6) In this section—

continuous service means service, including a period of authorised leave or absence, under an unbroken employment contract.