The confusion query
Paternity leave vs maternity leave
The honest answer is that Australian law stopped using both words. There is one entitlement, and it is mostly the same for each parent. Here is where it is identical, and the two places it is not.
What the law actually calls it
The Fair Work Act 2009 gives every eligible employee unpaid parental leave. Not maternity, not paternity. The birth parent and the partner each get their own entitlement, and neither one reduces the other. The old idea that a father gets a small slice of the mother's leave is not how it works.
The government payment is called Parental Leave Pay. Until 1 July 2023 there was a separate two week Dad and Partner Pay. That was folded into a single family pool, which grows each year until it reaches 26 weeks for babies born on or after 1 July 2026.
Where it is identical
- Unpaid leave. Each parent: up to 12 months, extendable to 24 with the employer's agreement. Same qualifying period of 12 months service. Same 10 weeks notice.
- Flexible days. Each parent can take up to 130 of their unpaid days one at a time within 24 months of the birth.
- The rate. Parental Leave Pay is $200.94 a day in 2026-27 for whoever takes the day.
- Job protection. Both parents have the same right to return to their job.
Where it is different
1. When leave can start
The birth parent can start unpaid leave up to 6 weeks before the due date and must start it by the birth. The partner can start any time within 24 months of the birth, and it must finish inside those 24 months. That flexibility is the single biggest practical difference, and it is in the partner's favour.
2. Who the reserved days belong to
The paid days are one pool per family, with some days held back for each parent. For a baby born on or after 1 July 2026: 130 days, 20 reserved for the partner, 20 reserved for the birth parent, and the rest to share however you decide.
- Reserved for the partner, 20 days
- Reserved for the birth parent, 20 days
- To share, 90 days
If the partner never claims their reserved days, the family loses them. That rule is why "the mother takes all the paid leave" leaves money on the table.
Where the words still exist
Employer policies and some state public sector agreements still say "primary carer" and "secondary carer", and a few still say maternity. Those are the employer's own paid leave, on top of everything above, and the amounts can differ a lot by parent. Victoria's public service, for example, pays 16 weeks to the primary caregiver and 4 weeks to the secondary caregiver, with a further 12 weeks if the secondary caregiver takes over. See Victoria, New South Wales and Queensland.
So what do I search for?
Search whatever you like, but read the rules under "parental leave". And if you want your own numbers rather than the general ones, the checker takes 30 seconds.
Verified 11 September 2026.