We know as employers that the parental leave entitlements are 12 months with a potential for 24 months of unpaid leave with your job guaranteed (or an equivalent position) remains but the question remains who is required to pay for this leave.

According to a recent report, mothers are entitled to just less than 18 weeks of paid maternity leave around childbirth.  Almost all OECD countries offer paid maternity leave that lasts at least three months.

On average, OECD countries offer eight weeks of paid father-specific leave, either through paid paternity leave or paid father-specific parental or home care leave.

In Australia, paid parental leave is available for up to 18 weeks for eligible parents paid by the Government at the minimum wage.  Eligible working dads and partners also get access to two weeks paid leave at the minimum wage.

At the moment, if your employer provides paid parental leave then you can still claim the Government scheme.  One is unaffected by the other.

According to the OECD, across the board, Australian mothers receive  42% of their previous earnings while on parental leave. This is largely eligible public sector employees who receive employer funded paid parental leave up to their ordinary rate of pay, and corporates.

Reforms currently before Parliament seek to curb the capacity for parents to receive both employer and Government funded parental leave payments instead moving to a ‘top up’ system.  In effect, the reforms remove the capacity for private and public sector parental payments to co-exist.  That is, if someone is entitled to paid employer leave of less than 18 weeks, then the Government will top up this payment to reach the maximum 18 week entitlement at the minimum wage.  Senate figures reveal that only 6% of women who claimed the Government funded paid parental leave were on salaries above $100,000.  The median income of those claiming the scheme was $47,730.

The proposed 1 January 2017 implementation date of the reforms is also contentious, as it would leave women who are currently pregnant in potentially very different circumstances to what they believed when they fell pregnant.  However, it is unlikely that this date will be agreed by the Senate.

The reforms also amend how employers interact with paid parental leave.  At present, paid parental leave is paid via the employer.  Under the reforms, parental leave would be paid by the Government unless the employer opts-in to make the payments.

The reforms are expected to save around $1.2 billion across the forward estimates.