AEU Member Resources

Other types of parental leave

Grandparent leave 

For the purposes of this entitlement, ‘Grandchild’ means a grandchild of the employee (including step-grandchild or adopted grandchild) under the age of one year. 

The exception to this definition is when a grandchild is being adopted by the employee, and the grandchild is under 16 years old.  

‘Grandparent Leave’ provides parental leave for grandparents who assume the Primary Caregiver role for a grandchild. 

After 12 months continuous service, an employee who is or will be taking on primary care responsibilities of their grandchild after birth or adoption is entitled to 18 weeks paid grandparent leave. To qualify for this leave, the grandparent must be the person who meets the child’s physical needs more than anyone else from the time of the child’s birth or adoption.  

If you are intending to take grandparent leave, you must* provide 10 weeks written notice to your employer before the date when you want to take leave. You must also provide a statutory declaration confirming that you will be providing primary care for the grandchild.  

Foster and kinship care leave 

Foster and kinship care leave enables an employee to provide care to a child or young person through a foster care or kinship care arrangement. 

Foster care is available to any employee other than a relief employee, who is providing care for a child or young person through a foster care arrangement or a kinship care arrangement that is not permanent.  

The definition of foster care and kinship care arrangements is ‘the provision of short-term, long-term, emergency, or respite care for a child or young person through a formal arrangement facilitated by a government or non-government service provider. 

Eligible employees are entitled to paid foster and kinship care leave for the duration of the care arrangement or for each application. The maximum entitlement is 10 days paid leave per personal year. You can take foster or kinship care leave as a single day or a block of days, depending on the caring arrangement.  

You may be asked to provide documentary evidence when you apply for foster or kinship care leave. 

Surrogacy leave 

Surrogacy leave is available for employees who have entered a formal surrogacy arrangement. 

To be eligible for surrogacy leave, you must have entered a formal, non-commercial surrogacy arrangement and will be giving birth to a child. You must have completed 12 months continuous service to be eligible for surrogacy leave. An employee eligible for surrogacy leave is not entitled to parental leave as outlined in the Parental Leave Clause. 

Eligible employees who have entered a formal surrogacy arrangement are entitled to up to six weeks paid leave in relation to the birth of a child. The six weeks paid leave must be taken in a consecutive period.  

*An employee is not in breach of this clause if failure to give the required notice  is due to the birth occurring earlier than expected date of birth or other compelling circumstances.

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