Is there a minimum leave req'd after baby is born?

[kylesh76]

Ok so the situation is this;

I'm a contractor and my hubby has a full time job with really good maternity/paternity entitlements. So it makes sense for me to go back to work ASAP after bub is born and DH is going to take the opportunity to be a stay at home dad for a while. I will be eligible for ppl which I will also transfer to him.

So my question is, is there legally a minimum time after the baby is born that I have to go back to work in order for my DH to be the primary carer? DH's work is saying that I can't be home at the same time as him and him to be the primary carer! Doesn't seem to make sense, I mean I'm taking unpaid leave (4 - 5 weeks, and will go back part time after that to ease into it) so it's not like we're trying to de-fraud anyone, he is geniuenly the primary carer, it's like a complete reversal of roles. He's done a stat dec saying he is the primary carer too but his HR lady has now come back saying we can't (for any amount of time!) be home together?? Surely they can't expect me to go straight back to work?? Just wondering if anyone else had a similiar experience?

[Chubear]

i dont know but maybe if you ring centrelink they can help. i would think as long as only one of you is getting it, it wouldnt matter.

[Lunaticity]

Not much help with the leave entitlements but I went back when DS was 3 weeks. I'm a public servant and just needed hospital discharge slip that said I'm ok.

In NSW by the way

[mrsdj1234]

So 6 months after you go back to work and you decide to take some leave, he can't be considered the primary carer? The HR person is full of it.

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[kylesh76]

So 6 months after you go back to work and you decide to take some leave, he can't be considered the primary carer? The HR person is full of it.

Sent from my GT540 using Bubhub

I think she's full of it too! It sounds like DH did well to control himself when she was saying all that to him. It really sounds ridiculous. :confused:

Thanks for the replies, will check with centrelink & fair work austr. Still waiting on my HR's reply to see if they have any info.

Hopefully it's just a misunderstanding :)

[Blairysmum]

When I had dd 19 months ago my work said you had to take a minimum of 6 weeks!

[twotrunks]

It should only matter if you are claiming leave entitlements at the same time so if you have unpaid leave it should not matter. Sounds like they Are trying to keep your dh! Most dhs have at least a couple of weeks off and their wives are on leAve too.

[kylesh76]

Update.....Just spoke to my HR, they said there is legislation that you can't have concurrent parental leave after 3weeks after baby is born. My work are discretionary with this and are suprised his work is enforcing it. It does seem like they are making it hard for him. Even though I'm only on unpaid leave, not parental leave as such so you wouldn't think it would matter. Anyway I guess worse case senario I'll pop into work (providing I'm fit and well) for a day a week (or even half a day hehe) and that should legally get me around that one.

[Raising Leprechauns]

If you are on unpaid leave then he can be the primary carer. His HR is full of it. Seriously - what if you require post natal care........... You just cant claim two lots of entitlements - which you clearly understand. I'd tell her to take a hike.

[Raising Leprechauns]

Update.....Just spoke to my HR, they said there is legislation that you can't have concurrent parental leave after 3weeks after baby is born. My work are discretionary with this and are suprised his work is enforcing it. It does seem like they are making it hard for him. Even though I'm only on unpaid leave, not parental leave as such so you wouldn't think it would matter. Anyway I guess worse case senario I'll pop into work (providing I'm fit and well) for a day a week (or even half a day hehe) and that should legally get me around that one.


Concurrent parental leave is the key. You both cant be on paid parental leave 3 weeks post baby. You can be on unpaid leave and he can be on parental leave or visa versa.

If you want to go in to work you will need medical clearance that you are fit for purpose.

[BlissedOut]

As long as you specifically are not on official parental leave or receiving PPL, then she hasn't got a leg to stand on.

Plenty of fathers take a few weeks annual leave when their babies are born, this doesn't affect the mothers entitlements to parental leave.