New provisions will apply to NSW Health employees who have babies born on or after 1 July 2021. In the case of adoption, the new scheme will apply where the date of the adoption order is on or after 1 July 2021. The new entitlements expand on current maternity leave and adoption leave provisions and provide greater access to paid parental leave to eligible employees, regardless of gender.

The new entitlements are:

Paid Parental Leave – Parent with Primary Responsibility for care of child at the time of birth, adoption or surrogacy.

a. An Employee who has, or will have completed not less than 40 weeks continuous service (at the time of the birth, adoption or surrogacy) is entitled to up to 14 weeks Paid Parental Leave if the leave is associated with:

i. the birth of a child (or children from a multiple birth) of the Employee, the Employee’s Spouse or the Employee’s legal surrogate, or the adoption of a child (or children) by the Employee or the Employee’s Spouse; and

ii. the Employee has or will have Primary Responsibility for the care of the child at the time of the birth, adoption or surrogacy.

b. Paid Parental Leave must be taken within the first 12 months from the date of birth, adoption or surrogacy. For birth-related leave, Paid Parental Leave may commence prior to the time of birth as currently provided in the Award.

2. Paid Parental Leave – Other Parent

a. An Employee who has, or will have, completed not less than 40 weeks continuous service (at the time of the birth, adoption or surrogacy) and who will not have Primary Responsibility for the care of their child at the time of the birth, adoption or surrogacy is entitled to, within the first 12 months from the date of birth, adoption or surrogacy:

i. up to 2 weeks Paid Parental Leave at the time of the birth, adoption or surrogacy; and

ii. up to 12 weeks additional Paid Parental Leave, subject to the conditions in clause 3.

3. Additional Paid Parental Leave for Other Parent

a. An Employee who will not have Primary Responsibility for their child at the time of the birth, adoption or surrogacy is entitled to up to an additional 12 weeks paid leave within the first 12 months from the date of birth, adoption or surrogacy provided that:

i. the Employee assumes Primary Responsibility for the care of the child during the 12 week period; and

ii. the Employee’s Spouse is not concurrently (apart from the 2 weeks Paid Other Parental Leave) taking Primary Responsibility for the care of the child, including receiving Paid Parental Leave or a similar entitlement from their employer.

b. To access additional Paid Parental Leave, the Employee must have been eligible for the leave at the time of birth, adoption or surrogacy, irrespective of when the Employee elects to take the paid leave under this clause.

c. Additional Paid Parental Leave will commence on the date the Employee takes Primary Responsibility for the care of the child.

Paid Leave for in the event of a miscarriage or pre-term birth.

Leave in the event of a miscarriage.

• Where an employee or the spouse of an employee miscarries, the employee is entitled to five days paid special miscarriage leave on each occasion a pregnancy ceases by way of miscarriage up to 20 weeks’ gestation.
• Leave will commence from the date the miscarriage occurs and is to be taken in one continuous block of leave. Paid special miscarriage leave must not be taken with any other form of leave available to the employee.

Leave in the event of a pre-term birth.

• Where an employee or the spouse of an employee gives birth to a pre-term child (prior to 37 weeks), the parent with the primary caring responsibility is entitled to paid special pre-term parental leave from the date of birth of the child (or children from a multiple birth) up to the end of 36 weeks.
• Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, paid parental leave of up to 14 weeks in accordance with the relevant industrial instrument will apply to the parent with the primary caring responsibility.
• An employee who will not have primary responsibility for their child at the time of birth is entitled to:
  • up to two weeks paid parental leave to be taken at the time of the birth of the child; and
  • up to 12 weeks additional paid parental leave within the first 12 months from the date of birth provided that the employee assumes primary responsibility for the care of the child during the 12-week period.

The full memorandums can be accessed at:

Paid Parental Leave: https://arp.nsw.gov.au/m2021-12-paid-parental-leave/

Paid Leave in the Event of a Miscarriage or Pre-Term Birth: https://arp.nsw.gov.au/m2021-11-paid-leave-in-the-event-of-a-miscarriage-or-pre-term-birth/

New entitlements like these do not just happen. They are the result of representations made by Public Sector Unions, including the HSU.

If you know someone who hasn’t yet joined the HSU, encourage them to take the plunge today at www.hsu.asn.au/join or call 1300 478 679. We are stronger together.