Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p11
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 11/153)
Character Range: 977880–982781

a.                                                                                             Why the leave without pay was granted.
    b.                                                                                             If it was granted in the interests of the ADF.

Part 7: Parental leave

Division 1: General provisions

5.7.1 Purpose

   Parental leave is provided to a member to care for and engage with their child after it has joined their family on a permanent basis.

5.7.3 Member this Part does not apply to

   This Part does not apply to a member who is on a period of maternity leave.

5.7.4 Definitions

   In this Part, the following apply.
   Dual serving parent means a member to whom all of the following apply.
   a.                                                                             They have a child.
   b.                                                                             The child's other parent is also a member.
   Parental leave means all of the following.
   a.                                                                             Paid parental leave.
   b.                                                                             Special paid parental leave.
   c.                                                                             Unpaid parental leave.
   Note 1: A member cannot be on more than one type of parental leave at a time.
   Note 2: Parental leave is not a type of leave that can be accrued.
   Qualifying service means a period of 12 months continuous full-time service.

5.7.4A How to apply for parental leave

   A member must apply for parental leave using the approved form.

5.7.4B Limit on the amount of parental leave

1.  Subject to subsection 2, the maximum amount of parental leave a member can take is 66 weeks.
2.  The maximum amount of parental leave a member can take is reduced by the following.
    a.                                                                                                                                                                             Parental leave taken by the member's partner under this Part.
    b.                                                                                                                                                                             Maternity leave taken by the member or their partner under Part 6.
    c.                                                                                                                                                                             Maternity leave taken by the member's partner under the Maternity Leave (Commonwealth Employees) Act 1973.
3.  If the member becomes a parent of more than one child as a consequence of any of the following, the member is only eligible for one benefit in respect of those the children.
    a.                                                                                                                                                                             A multiple birth.
    b.                                                                                                                                                                             The adoption of more than one child at the same time.
    c.                                                                                                                                                                             More than one child being placed in the member's or their partner's care under the same permanent care order issued by a court or statutory authority.

5.7.4C Dual serving parents

1.  In relation to a child, dual serving parents are not eligible for more than a combined total of 26 weeks of the following types of leave.
    a.                                                                                                                                         Paid maternity leave.
    b.                                                                                                                                         Paid parental leave.
    c.                                                                                                                                         Special paid parental leave.
2.  The combined total under subsection 1 is increased by 1 day for each day any of the following applies.
    a.                                                                                                                                         Subsection 5.7.6C.2 applies.
    b.                                                                                                                                         The leave is taken at half pay.

5.7.4D Members subject to a flexible service determination

   If a member is the subject of a flexible service determination, the following apply.