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Unpaid parental leave applies to employees who have, or will have, responsibility for the care of a child. Parents who experience a stillbirth or the death of an infant during the first 24 months of life can also take unpaid parental leave. Parents are entitled to unpaid parental leave if:

• the employee, the employee's spouse, or the employee's de facto partner gives birth or
• the employee adopts a child under 16. An employee's 'de facto partner' is someone who lives with the employee in a relationship as a couple on a genuine domestic basis. The employee's partner can be the same sex or different sex to the employee, and either a current or former de facto partner of the employee. Each parent can take up to 12 months unpaid parental leave, or up to 24 months if their employer agrees. An employee's entitlement to unpaid parental leave is not affected by how much leave their partner takes. The parents can be working for the same or different employers.