Letter Requesting Parental Leave
Instructions for Use
This letter is intended to assist an eligible employee to give notice of, and request, unpaid parental leave under Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth) and the National Employment Standards (NES).
This letter is in two parts. The first part should be provided to the employer at least 10 weeks before the intended start of the period of leave, unless it is not practicable to do so, in which case it should be provided as soon as practicable (see s 74 of the Fair Work Act 2009 (Cth)).
The second part, headed "Confirmation or Change of Leave Details", should be provided to the employer at least 4 weeks before the start of the period of leave, unless it is not practicable to do so, in which case it should be provided as soon as practicable. It confirms that the dates of leave first requested remain appropriate, or advises of any changes to those dates (for example, if the expected date of birth has changed).
To be eligible for unpaid parental leave under the NES, an employee must generally have completed at least 12 months of continuous service with the employer before the expected date of birth (or for a casual employee, have been employed on a regular and systematic basis for at least 12 months with a reasonable expectation of continuing engagement). Eligibility for Parental Leave Pay is assessed separately by Services Australia under the Paid Parental Leave Act 2010 (Cth).
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Email: ________
Phone: ________
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Email: ________
Date: ________
RE: Request for Unpaid Parental Leave under the Fair Work Act 2009 (Cth)
Dear ________,
§ 1. I am writing to give notice of, and to formally request, a period of unpaid parental leave in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth) and the National Employment Standards.
§ 2. The expected date of birth of my child is ________. This letter constitutes my notice and request for parental leave for the purposes of s 74 of the Fair Work Act 2009 (Cth).
§ 3. I confirm that, as at the expected date of birth, I will have completed the period of continuous service required for an employee to be entitled to unpaid parental leave under the National Employment Standards. My date of commencement of employment was ________.
§ 4. I request the following period of unpaid parental leave:
- Intended start date: ________
- Intended end date: ________
- Total period of leave: ________
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§ 6. I intend to apply to Services Australia for Parental Leave Pay under the Australian Government Paid Parental Leave Scheme established by the Paid Parental Leave Act 2010 (Cth). I will provide any documentation reasonably required by you in connection with that scheme.
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§ 8. I confirm my present intention to return to my pre-leave position at the conclusion of my leave, consistent with my entitlement to return to work under s 84 of the Fair Work Act 2009 (Cth).
§ 9. Please find enclosed a copy of the relevant documentation in support of my request, including confirmation of my expected date of birth. Should you require any further information or documentation in order to process this request, please do not hesitate to contact me at your earliest convenience.
§ 10. I understand that I am required to confirm or, if necessary, amend the dates of my leave at least 4 weeks before the leave is due to commence, unless it is not practicable to do so, and I have completed the relevant section below for this purpose.
§ 11. I look forward to working with you to ensure a smooth transition for my leave and for my return to work.
Yours faithfully,
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Confirmation or Change of Leave Details
Complete this section and provide it to the Employer at least 4 weeks before the start of the period of leave (unless it is not practicable to do so), in accordance with s 74(4) of the Fair Work Act 2009 (Cth).
I confirm that the dates of my parental leave are as follows:
- Start date: ________
- End date: ________
- Total period of leave: ________
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Signature of employee
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Full name of employee
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Date of signing
Acknowledgement of Parental Leave
This section is to be completed by the employee's manager or supervisor on behalf of the Employer.
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Full name of manager/supervisor
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Signature of manager/supervisor
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Date of signing