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Industrial Relations Act 2016
sec.56Explanation of types of parental leave
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### sec.56 Explanation of types of parental leave
This division provides for parental leave.
The types of parental leave are as follows—
birth-related leave, for—
an employee who is pregnant; or
an employee whose spouse gives birth;
Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.
Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).
adoption leave, for an employee who adopts a child;
Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child).
surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement;
Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child).
cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 .
Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).
s 56 amd 2020 No. 33 s 138 ; 2022 No. 27 s 3 sch 1
(sec.56-ssec.1) This division provides for parental leave.
(sec.56-ssec.2) The types of parental leave are as follows— birth-related leave, for— an employee who is pregnant; or an employee whose spouse gives birth; Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child. Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child). adoption leave, for an employee who adopts a child; Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child). surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement; Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child). cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 . Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).
- (a) birth-related leave, for— (i) an employee who is pregnant; or (ii) an employee whose spouse gives birth; Notes— 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child. 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).
- (i) an employee who is pregnant; or
- (ii) an employee whose spouse gives birth;
- 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.
- 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).
- (b) adoption leave, for an employee who adopts a child; Note— Adoption leave may be short (in connection with the child’s adoption) or long (to enable the employee to be responsible for the care of the child).
- (c) surrogacy leave, for an employee who is an intended parent under a surrogacy arrangement; Note— Surrogacy leave may be short (when the child born as a result of the surrogacy arrangement starts residing with the employee) or long (to enable the employee to be responsible for the care of the child).
- (d) cultural parent leave, for an employee who is a cultural parent under a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 . Note— Cultural parent leave may be short (in connection with the transfer of parentage to the cultural parent) or long (to enable the employee to be responsible for the care of the child).
- (i) an employee who is pregnant; or
- (ii) an employee whose spouse gives birth;
- 1 Birth-related leave for a pregnant employee may be taken by a pregnant employee in connection with the child’s birth or to enable the employee to be responsible for the care of the child.
- 2 Birth-related leave for an employee whose spouse gives birth may be short (in connection with the child’s birth) or long (to enable the employee to be responsible for the care of the child).