One in two mothers and over a quarter of fathers report experiencing discrimination during pregnancy, parental leave, or return to work in Australia.
Think about that for a moment: half of your female employees who become mothers will likely feel discriminated against on your watch.
The consequences? Top talent walking out the door, expensive tribunal cases, and a workplace culture that drives away the very people you can least afford to lose.
But it doesn't have to be this way. Supporting employees in new parenthood means building the kind of workplace where talented professionals stay, thrive, and become your strongest advocates. And the roadmap is clearer than you think. ⬇️
Under the Fair Work Act 2009, eligible employees can access up to 12 months of unpaid parental leave – and if their employer agrees, up to 24 months. This applies to all employees who've completed at least 12 months of continuous service and have, or will have, responsibility for the care of a child.
But Australia's Paid Parental Leave scheme has undergone significant expansion. From 1 July 2025, families can access 24 weeks (120 days) of government-funded Parental Leave Pay at the National Minimum Wage, increasing to 26 weeks by July 2026. This represents around $24,000 in support when fully rolled out.
Perhaps most significantly, from 1 July 2025, the government has paid superannuation contributions (12% of the Parental Leave Pay) directly to eligible parents' super funds – a game-changer for long-term financial security, particularly for women.
The scheme is now genuinely flexible. Partners can share the leave, take some days concurrently (up to 20 days at the same time for children born or adopted after 1 July 2025), and structure it across the first two years of their child's life. Between 1 July 2025 and 30 June 2026, 15 days are specifically reserved for the partner or non-birthing parent.
Your role as the employer? If an employee is eligible and expects to get at least 8 weeks of Parental Leave Pay in a block within their first year, and they'll still be your employee at the end of that period, Services Australia will provide you with the funds to pass on in your normal pay cycle. You don't fund it, you're simply the delivery mechanism.
The Australian Human Rights Commission provides comprehensive guidance on supporting working parents, emphasising that discrimination during pregnancy, parental leave, or return to work is unlawful under the Sex Discrimination Act 1984. The Department of Employment and Workplace Relations also offers practical employer toolkits covering anti-discrimination, workplace relations, and work health and safety obligations.
Someone's just told you they're expecting. First things first: congratulations are in order. Then, it's time to get practical. ⬇️
What you need to do immediately:
Pregnant employees can access personal/carer's leave for pregnancy-related illness – things like gestational diabetes, pre-eclampsia, or back pain resulting from pregnancy. For prenatal appointments, the approach varies. Whilst being pregnant isn't technically classified as an illness under the Fair Work Act, anti-discrimination laws mean you should afford the same flexibility for medical appointments as you would for other health-related absences.
Under the Fair Work Act, pregnant employees eligible for unpaid parental leave can also access unpaid special maternity leave if they have a pregnancy-related illness. Additionally, they're entitled to up to 2 days of unpaid pre-adoption leave for interviews or examinations required for adoption.
If you haven't got a parental leave policy, or yours is gathering dust on a server somewhere, now's the time to act. A well-crafted policy removes ambiguity, sets expectations, and demonstrates your organisation's commitment to supporting working parents.
Essential elements your policy must address:
Spell out exactly what employees can access:
Be explicit about timelines:
Detail how you'll maintain contact:
Employees returning from unpaid parental leave are entitled to their pre-parental leave position. If that no longer exists, they're entitled to an available position they're qualified for that's nearest in status and pay. Your policy should outline:
This is non-negotiable from both a legal and practical standpoint. Your policy should commit to:
Under anti-discrimination legislation, failing to provide adequate breastfeeding facilities or lactation breaks may constitute discrimination and breach work health and safety duties.
Practical policy template:
PARENTAL LEAVE POLICY
This policy applies to all permanent employees who have completed 12 months of continuous service.
2.1 Unpaid Parental Leave
- Up to 12 months per parent (potentially 24 months with employer agreement)
- Can be taken continuously, flexibly, or a combination
- Applies to birth and adoption
2.2 Government Paid Parental Leave
- Up to 24 weeks from 1 July 2025 (increasing to 26 weeks by July 2026)
- Paid at National Minimum Wage
- Shared between parents
- Superannuation paid by ATO from July 2026
- Employees apply through Services Australia
2.3 [Company Name] Paid Parental Leave
[Insert your organisation's specific offering, e.g.:]
- Primary carers: 14 weeks at full pay
- Secondary carers: 4 weeks at full pay
- Available after 12 months' service
- Can be taken in addition to government payment
Employees must provide:
- At least 10 weeks' written notice of intention to take leave
- Intended start and end dates
- Evidence (e.g., medical certificate, adoption papers)
- Notice of any changes to dates (as soon as practicable)
- Up to 10 paid keeping in touch days per 12-month period
- Cannot occur within 42 days of birth/adoption (or 14 days if employee initiates)
- Voluntary for employee
- Paid at normal wage
- Examples: training sessions, team meetings, role updates
5.1 Guarantee
Employees return to their pre-parental leave position, or if unavailable, to an available position nearest in status and pay for which they're qualified.
5.2 Flexible Work Requests
Employees returning from parental leave can request flexible working arrangements. Requests must be made in writing and will be responded to within 21 days. The organisation can only refuse on reasonable business grounds after genuine discussion and consideration.
5.3 Phased Return
[Company Name] supports graduated returns where appropriate, such as part-time hours that gradually increase over an agreed period.
We provide:
- Private, comfortable space with seating and power for expressing/breastfeeding
- Access to refrigerator for milk storage
- Flexible lactation breaks as needed
- Supportive workplace culture
Employees may request an additional 12 months of unpaid leave. Requests must be made in writing at least 4 weeks before the end of the initial leave period. We will respond in writing within 21 days.
We will:
- Maintain regular contact in the manner agreed with the employee
- Invite employees to key events, training, and social gatherings
- Provide access to company updates and information
For questions about this policy, contact [HR contact details].
Policy last reviewed: [Date]
Next review: [Date]
Supporting new parents isn't a moment, it's a continuum. The Department of Employment and Workplace Relations recommends using a "Plan on a Page" template as a dynamic document that's updated before, during, and following return from parental leave. This approach recognises that parental leave is a transition, not a pause button.
Schedule a dedicated meeting to discuss:
Agree on:
This might seem premature, but having this conversation early removes anxiety. Cover:
Document all of this. Not in a dense legal document, but in an accessible, working document that both parties can refer to and update.
There's a delicate balance here. You want employees to feel valued and connected, but you don't want to intrude on what should be protected family time. The key is respecting the boundaries you've agreed upon.
What good keeping in touch looks like:
Send monthly email updates to their personal email (if agreed) covering:
Invite them to:
The keeping in touch days framework:
When you extend an invitation for a keeping in touch day, make it:
Subject: Keeping in Touch Day Opportunity - New Client Portal Training
Hi [Employee Name],
Hope you and [baby's name] are doing well!
We're implementing a new client portal system next month, and there's a training session on [date] from 10am-2pm. Since you'll be working extensively with this system when you return, I thought you might like to attend as one of your keeping in touch days.
This is completely optional, and I understand if the timing doesn't suit. If you'd prefer, we can arrange separate training closer to your return date.
If you are interested:
- You'll be paid your normal wage for the session
- Feel free to bring [baby's name] if needed—we can set up a quiet space nearby
- Lunch will be provided
Let me know by [date] if you'd like to attend, or if you have any questions.
[Your name]
The return to work deserves as much attention as the departure. According to research from the Workplace Gender Equality Agency, 52% of Australian employers have measures to support returning parents, but implementation quality varies significantly.
Meet (in person or virtually) to discuss:
Don't just throw them back in the deep end. Create a graduated workload:
Continue supporting them through:
RETURN TO WORK PLAN
Employee: ___________________
Manager: ___________________
Expected Return Date: ___________________
CURRENT SITUATION
Child's name and date of birth: ___________________
Length of leave taken: ___________________
Type of leave (unpaid/paid parental leave): ___________________
PRE-RETURN MEETING (scheduled for: ___________________)
Agenda:
☐ Review current team structure and any organisational changes
☐ Discuss employee's role and any adjustments needed
☐ Confirm return date and working arrangements
☐ Address flexible work requests
☐ Identify training requirements
☐ Confirm breastfeeding support needs
☐ Review emergency contact procedures
AGREED WORKING ARRANGEMENTS
Start date: ___________________
Working pattern: ☐ Full-time ☐ Part-time: ___ days/hours per week
Days/hours: ___________________
Location: ☐ Office ☐ Home ☐ Hybrid: ___________________
Phased return (if applicable): ___________________
SUPPORT MEASURES
Breastfeeding facilities: ☐ Room identified: ___________________
☐ Refrigerator access confirmed
☐ Lactation breaks: As needed
Flexible arrangements: ___________________
Parking/travel considerations: ___________________
Childcare contingency plan: ___________________
HANDOVER & TRAINING
Previous responsibilities resuming: ___________________
New or modified responsibilities: ___________________
Training required:
- ___________________ (Date: ___________________)
- ___________________ (Date: ___________________)
Key contacts:
- Team members: ___________________
- Stakeholders: ___________________
WEEK 1 PLAN
☐ Welcome back meeting with team
☐ System access and equipment check
☐ Review of key projects and priorities
☐ Introduction to any new team members
☐ Daily check-ins scheduled with manager
ONGOING SUPPORT
Check-in schedule:
- Week 1: Daily
- Weeks 2-4: Every 2-3 days
- Months 2-3: Weekly
- Months 4-6: Fortnightly
Review date for working arrangements: ___________________
EMPLOYEE COMMENTS/CONCERNS:
___________________
MANAGER COMMITMENTS:
I will implement this plan and provide support through [employee name]'s transition back to work.
Manager signature: ___________________ Date: ___________________
EMPLOYEE ACKNOWLEDGEMENT:
I will actively participate in this plan and communicate any challenges or needed adjustments.
Employee signature: ___________________ Date: ___________________
The Fair Work Act gives employees with children of school age or younger the right to request flexible working arrangements after 12 months of service. You can only refuse on reasonable business grounds, and only after genuine discussion and consideration of alternatives.
What does flexible work actually look like for new parents? The possibilities include:
Research published in the Journal of Industrial Relations found that parents who used flexible work arrangements, both formal and informal, reported lower work-to-family conflict and higher work-family enrichment than those with low flexibility. However, the study also found that very high flexibility users experienced higher family-to-work conflict, suggesting there's a balance to strike.
[Date]
Dear [Employee Name],
Re: Flexible Working Arrangement Request
Thank you for your request dated [date] for flexible working arrangements to work [specify requested arrangement].
☐ APPROVAL
I am pleased to approve your request as outlined above, commencing [date].
The agreed arrangements are:
- Working days/hours: ___________________
- Location: ___________________
- Duration: ___________________
- Review date: ___________________
These arrangements will be reviewed on [date], or earlier if either party requests a review.
☐ ALTERNATIVE ARRANGEMENT
I've carefully considered your request and, whilst I'm unable to approve it exactly as outlined, I'd like to propose the following alternative arrangement:
[Specify alternative]
I believe this addresses [explain how it meets employee's needs] whilst also considering [business requirements].
I'd like to meet with you to discuss this proposal. Could we schedule a time on [suggest times]?
☐ REFUSAL
After careful consideration and discussion with you on [date], I'm unable to approve your request. This decision is based on the following reasonable business grounds:
[Select applicable grounds and explain specifically how they apply:]
☐ Too costly for the business to implement
☐ Impractical to change working arrangements or hire new staff
☐ Would result in significant loss in efficiency or productivity
☐ Would have a significant negative impact on customer service
[Provide detailed explanation of how the specific ground applies to this request]
I've considered the following alternatives, but these are also not workable because:
- [Alternative 1]: [Reason]
- [Alternative 2]: [Reason]
I've also considered the consequences of refusing your request, including [specify].
You have the right to dispute this decision through [specify internal process] or by lodging a dispute with the Fair Work Commission.
If you have any questions about this decision, please don't hesitate to contact me.
Yours sincerely,
[Manager Name]
[Position]
Parenthood fundamentally changes a person's relationship with work. According to research, working parents juggle multiple roles and experience unique stressors: maintaining work-life balance, managing childcare logistics, financial pressures, and the mental load of coordinating family life alongside professional responsibilities.
Beyond Blue reports that nearly 1 in 5 Australians experience poor mental health each year, and the workplace plays a significant role in either supporting or undermining wellbeing. For new parents specifically, the transition back to work can trigger or exacerbate anxiety, particularly around separation from their child, managing the logistics of childcare, and concerns about professional identity and capability.
What practical mental health support looks like:
In team meetings, leadership communications, and one-on-ones, acknowledge that combining work and new parenthood is genuinely difficult. When leaders share their own experiences navigating parenthood, it destigmatises the challenges and creates psychological safety for employees to speak up.
If you don't already have an EAP, consider it essential infrastructure. Ensure new parents specifically know about:
Managers need to recognise when someone might be struggling and know how to have supportive conversations. The Australian Human Rights Commission's guide on managing mental illness in the workplace provides excellent frameworks for this.
Warning signs include:
The supportive conversation framework:
"I've noticed [specific observed change]. How are you going with everything at the moment? Is there anything I can do to support you, either with work or connecting you to resources?"
Under work health and safety legislation, you must manage psychosocial hazards. For new parents, this might mean:
Employee wellbeing isn't just the manager's responsibility. Create team norms that support working parents:
Safe Work Australia provides guidance on creating psychologically safe workplaces, emphasising that mental health isn't "just nine-to-five." Providing resources that employees can access anytime, such as online wellbeing tools and self-assessment resources, acknowledges that parenting stress doesn't stop when they leave the office.
Let's address the elephant in the room: parental leave in Australia remains heavily gendered. Whilst the government's reforms explicitly aim to encourage shared caring, cultural norms and workplace practices often lag behind.
The current scheme reserves 15 days specifically for the partner or non-birthing parent (for children born/adopted from 1 July 2025 to 30 June 2026), increasing from 10 days previously. This "use it or lose it" allocation recognises that unless leave is specifically designated, fathers and non-birthing partners often don't take it.
Why this matters for your workplace:
Research consistently shows that when fathers take parental leave, it:
Yet men face unique barriers. Submissions to government reviews reveal that fathers returning from parental leave report not receiving the same respect and flexibility as mothers, and that gender stereotypes persist in how parental leave is treated.
Making fathers' parental leave normal in your workplace:
Your policy should consistently refer to "parents" and "carers" rather than defaulting to "mothers." Avoid assumptions about who the primary carer will be.
When an employee announces they're expecting, regardless of gender, your response should include: "Have you thought about what parental leave you might take? We support all our parents in taking the time they need."
If your organisation provides employer-funded parental leave, consider offering meaningful secondary carer leave (4-6 weeks minimum). Data from the Workplace Gender Equality Agency shows that 39% of Australian employers offer paid secondary carer's leave, but the quantum matters for normalising uptake.
When male employees take parental leave, leaders should visibly support this. Include it in team updates, just as you would for any other significant leave period. This signals that it's valued, not merely tolerated.
If you hear comments like "nice holiday" or jokes about dads not "really" being needed, shut it down immediately. These seemingly minor comments create a culture that dissuades men from taking leave.
Breastfeeding support shouldn't be an afterthought. The Australian Breastfeeding Association's Breastfeeding Friendly Workplace accreditation programme identifies three essential elements: Space, Time, and Support.
BREASTFEEDING AND LACTATION POLICY
PURPOSE
[Company Name] is committed to supporting breastfeeding employees in continuing to breastfeed or express milk when they return to work. We recognise that breastfeeding provides significant health benefits for both infants and mothers.
SCOPE
This policy applies to all breastfeeding employees across our organisation.
LEGAL CONTEXT
Under federal and state anti-discrimination legislation, it is unlawful to discriminate against employees on the basis of breastfeeding. Failure to provide adequate facilities or breaks may constitute discrimination and breach work health and safety obligations.
FACILITIES PROVIDED
We provide a private, comfortable space for breastfeeding or expressing that includes:
- A comfortable chair
- A flat surface (table or desk)
- Power outlet for breast pump
- Access to handwashing facilities
- A lockable door or "in use" sign for privacy
This space is NOT a bathroom. Current designated spaces include:
- [Location 1]: [Room details]
- [Location 2]: [Room details]
- [Location for satellite offices/flexible workers]
MILK STORAGE
Employees have access to:
- Refrigerator for storing expressed breastmilk (labelled, dated containers)
- Freezer facilities where available
- Insulated bags and ice packs (if refrigeration not immediately accessible)
LACTATION BREAKS
Employees are entitled to flexible lactation breaks as needed to breastfeed or express. These breaks may be:
- Taken as additional breaks beyond standard rest breaks
- Used to extend standard breaks
- Scheduled around the employee's individual needs
Lactation breaks are [PAID/UNPAID - specify your organisation's policy]. We encourage employees to discuss their anticipated schedule with their manager to facilitate planning, whilst understanding that infant feeding needs vary and schedules may need to be adjusted.
FLEXIBLE ARRANGEMENTS
We recognise that breastfeeding arrangements vary. Employees may wish to:
- Have their child brought to the workplace for feeding
- Travel to nearby childcare facilities for feeding (where location permits)
- Express milk during the workday
- Adjust working hours or locations to facilitate breastfeeding
We encourage employees to discuss their preferred arrangements with their manager and commit to exploring all reasonable options.
MANAGER RESPONSIBILITIES
Managers must:
- Proactively discuss breastfeeding support with employees returning from parental leave
- Ensure employees know about available facilities and their rights
- Accommodate reasonable requests for lactation breaks
- Foster a workplace culture that normalises and respects breastfeeding
- Address any negative comments or behaviour from colleagues
EMPLOYEE RESPONSIBILITIES
Employees who wish to breastfeed or express at work should:
- Discuss their needs with their manager before or shortly after returning from parental leave
- Provide reasonable notice when planning to use lactation breaks
- Label and date expressed milk stored in shared refrigerators
- Maintain hygiene standards in shared facilities
REQUESTING ADDITIONAL SUPPORT
If the arrangements outlined in this policy don't meet your needs, please speak with [HR contact]. We will work with you to find suitable alternatives.
CONFIDENTIALITY
Information about an employee's breastfeeding arrangements is private and confidential. It will only be shared with relevant managers on a need-to-know basis and will not be disclosed to other employees without consent.
DURATION OF SUPPORT
This support continues for as long as an employee chooses to breastfeed. There is no time limit on access to these facilities and arrangements.
COMPLAINTS
If an employee experiences discrimination or difficulty accessing the support outlined in this policy, they should contact [HR contact/EEO officer]. Complaints will be handled confidentially and in accordance with our grievance procedures.
WORKPLACE CULTURE
All employees and managers are expected to:
- Respect breastfeeding as a normal workplace practice
- Refrain from negative comments or behaviour regarding breastfeeding
- Support colleagues who are breastfeeding
SEEKING ACCREDITATION
[Company Name] is working towards/has achieved Breastfeeding Friendly Workplace accreditation with the Australian Breastfeeding Association, demonstrating our commitment to supporting breastfeeding employees.
REVIEW
This policy will be reviewed annually and updated based on employee feedback and legislative changes.
Policy owner: [HR Director/People & Culture]
Last reviewed: [Date]
Next review: [Date]
For questions or to discuss individual arrangements, contact:
[Name, title, email, phone]
Managing someone through parental leave can feel daunting, especially if you've not done it before. This checklist makes sure you're covering all the bases.
WHEN EMPLOYEE ANNOUNCES PREGNANCY/ADOPTION:
☐ Offer genuine congratulations
☐ Schedule a formal meeting to discuss next steps (within 2 weeks)
☐ Conduct workplace health and safety assessment
☐ Provide written information about leave entitlements
☐ Discuss any immediate adjustments needed
☐ Document the conversation
6-8 WEEKS BEFORE LEAVE:
☐ Schedule handover meeting
☐ Identify who will cover responsibilities
☐ Create detailed handover documentation
☐ Introduce employee to any temporary replacement
☐ Discuss communication preferences during leave
☐ Confirm expected return date (understanding this may change)
☐ Discuss keeping in touch arrangements
☐ Complete relevant paperwork for HR/payroll
DURING LEAVE:
☐ Send agreed updates (monthly/quarterly)
☐ Invite to relevant events and training
☐ Offer keeping in touch day opportunities (after 42 days, or 14 days if employee initiates)
☐ Notify immediately of any organisational changes affecting their role
☐ Maintain confidentiality about their leave status
☐ If restructure occurs, consult them at the same time as other affected employees
4-6 WEEKS BEFORE RETURN:
☐ Schedule return-to-work planning meeting
☐ Update them on team/organisational changes
☐ Discuss any flexible work requests
☐ Confirm return date and working arrangements
☐ Identify training needs
☐ Arrange workspace and equipment
☐ Confirm breastfeeding support arrangements (if applicable)
☐ Complete return-to-work plan document
WEEK 1 OF RETURN:
☐ Welcome back meeting (team introduction for any new members)
☐ Check all system access and equipment working
☐ Provide structured overview of current projects
☐ Schedule daily check-ins
☐ Set realistic expectations for workload
☐ Remind employee of support available
MONTHS 1-3:
☐ Weekly/fortnightly one-on-ones focused on wellbeing and adjustment
☐ Monitor workload and adjust if needed
☐ Be flexible when childcare arrangements fail
☐ Address any team dynamics issues promptly
☐ Celebrate their achievements
☐ Review working arrangements and adjust if needed
ONGOING:
☐ Treat flexible work requests fairly and consistently
☐ Support career development (parental leave shouldn't derail progression)
☐ Foster team culture that respects work-life balance
☐ Advocate for working parents at leadership level
☐ Seek feedback on what's working and what could improve
Final Thoughts
Supporting employees through new parenthood is strategic workforce planning. We're facing persistent skills shortages, an ageing population, and growing expectations from employees about what they'll accept from employers. Organisations that treat parental leave as an inconvenience to be managed will lose talent to those that treat it as a normal life transition to be supported.
The evidence is unequivocal: when workplaces genuinely support new parents, everyone benefits. Parents stay engaged and productive. Teams function better. Organisations retain institutional knowledge and skilled professionals. Gender equality advances. 🙌
Need more HR support?
Managing parental leave is just one piece of the HR puzzle. SubscribeHR offers practical resources, templates, and expert guidance designed specifically for Australian HR managers. Explore our resource library for policy templates, compliance checklists, and step-by-step guides that make your job easier.