surrogacy leave - Lamp Online

I understand there are new arrangements when dealing with a premature birth. What are these entitlements?

Again, from 1 July 2021, where a public sector 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 in one continuous period. On commencement of the 37th week, your paid parental leave of 14 weeks then kicks in as per the relevant award. To be eligible, you would have – or would have had if not for the pre-term birth – completed 40 weeks’ continuous service at the expected due date. This is also contained in Premier’s Memorandum M2021-11.

All new parents working in the NSW health sector now have possible access of up to 14 weeks paid parental leave each, following a decade-long campaign by the NSW Nurses and Midwives’ Association, alongside the trade union movement.

From 1 July 2021, all public sector employees who are primary carers can now access 14 weeks paid parental leave in the first year of their baby’s life.

Previously, public sector employees were entitled to up to 14 weeks paid parental leave if they were the maternal parent, or up to 1 week’s paid leave if they were the “other” parent.

The NSW Government is now expanding the NSW public sector parental leave entitlement to include the birth or primary parent at the time of birth, adoption or surrogacy, and the “other parent” who subsequently may have primary responsibility for the care of the child in the first twelve months after birth, adoption or surrogacy.

The following entitlements apply to all births, adoptions or altruistic surrogacies on or after 1 July 2021 (regardless of the expected date of birth) for eligible employees:

The birth mother and parents who have primary responsibility for their child’s care at the time of birth, adoption or altruistic surrogacy can take up to 14 weeks of paid parental leave (unchanged).
The other parent can access 2 weeks of paid parental leave when the child arrives (an increase on the current one week).
The other parent can access an additional 12 weeks paid leave if they become the primary carer at any time in first 12 months and their partner returns to work or study (new).

The development presents a win for gender equity in the workforce, as well as a win to new parents in our state.

If you wish to know more about the changes to the paid parental leave scheme, and are a NSW Nurses and Midwives’ Association member, please contact us here. If you are not yet a member, you can join us here today.

Pre-term birth entitlements

UNION WIN: Parental leave extended to include both parents