Parental rights

The law lets people follow their own values and beliefs. This includes the way that you choose to bring up your children. You have the right to bring up your children without interference from other people.

You make many decisions when bringing up your children. You have the right to decide things such as:

• their religion
• where they go to school
• what medical treatment your child receives
• where your child lives
• what discipline you feel is necessary

Parents also have responsibilities when bringing up a child. As a parent, it is your duty to:

• protect your child from harm
• provide your child with food, clothing and a place to live
• financially support your child
• provide safety and supervision
• provide medical care
• provide an education

In most cases, the decisions made by parents happen without any interference. In some cases, the authorities need to step in. This can happen if a child is:

• being badly treated
• not going to school
• not allowed to get medical treatment that they need

Sometimes, the courts will make a parenting order that sets out particular responsibilities regarding children.

It is against the law to discriminate against someone because they are pregnant or might become pregnant.

If you are pregnant, you have the right to continue to work under the same conditions as everyone else. You also have the right to return to the same job at the end of your parental leave.

Learn more about working during pregnancy and returning to work after having a baby.

For more information on your rights at work, visit the Australian Human Rights Commission website.

In Australia, it is against the law to discriminate against a person for breastfeeding. Federal, state and territory laws protect the rights of those who are breastfeeding. This includes breastfeeding at work and in education settings.

For more information on your rights to breastfeed in public or in the workplace, visit the Australian Breastfeeding Association.

Parental leave lets employees take time away from work following the birth or adoption of a child. The term 'parental leave' can include maternity leave, paternity leave and adoption leave.

Unpaid parental leave

Under the Fair Work Act, all employees who have worked with their employer for at least 12 months can take unpaid parental leave when they or their partner give birth or adopt a child. This includes casual employees who have been employed on a regular and systematic basis for at least 12 months and would have a reasonable expectation of continuing to do so if not for the birth or adoption of a child.

Each parent can take up to 12 months, or 24 months in total if their employer agrees to extend their leave.

Parental Leave Pay can be taken in 2 blocks within 2 years. Find out more about Parental Leave Pay.

Paid parental leave

Government funded: Both the primary carer and their partner (including same sex partners) can get Parental Leave Pay from the Australian Government.

Eligible employees who are the carer of a child born or adopted from 1 July 2024 can get up to 22 weeks of Parental Leave Pay, which is paid at the National Minimum Wage.

Employer funded: Many best practice employers choose to provide a period of employer-funded paid parental leave or other benefits to help employees who are pregnant, on parental leave or returning to work.

Employer provided benefits are usually set out in an employment contract or a workplace policy.

The amount paid by your employer depends on your award or contract. It doesn't affect your Parental Leave Pay from the government. You can be paid both.

At the end of parental leave, you have the right to return to work in the position you held before starting parental leave. If your position doesn't exist when you return, you are entitled to an available position for which you are qualified.

Some parents want a change in their working arrangements when they come back to work. As a parent you have a right to request flexible working arrangements or a transition period. For example, you may request to come back 2 days per week for the first month, increasing to 3 days for the next month, and then to return to your previous working hours. This type of arrangement can help you as your child settles into childcare and you adjust to your new role as a working parent.

As an employee, you can take time off to care for an immediate family or household member who is sick or injured or help during a family emergency. This is known as carer's leave, but it comes out of your personal leave allowance. Sick and carer's leave accumulates from year to year.

An employee (including a casual employee) is entitled to 2 days of unpaid carer's leave for each occasion when a member of the employee's immediate family or household requires care or support due to a personal illness, injury or an unexpected emergency.

Read more on your rights when caring for others.

For more information on parental leave, visit the Fair Work Ombudsman website.

For more information on other entitlements you may have, visit Services Australia.

Looking for information for Aboriginal and/or Torres Strait Islander people?

The Fair Work Ombudsman provides information and resources for First Nations people in the workplace.

Do you prefer to read in languages other than English?

Contact the Translating and Interpreting Service (TIS) on 13 14 50 to help you contact the Fair Work Ombudsman for more information about your rights.

Looking for information for sexually and gender-diverse families?

Read the Australian Human Rights Commission Same-Sex: Same Entitlements Report.